A Columbus Workmans’ Comp Lawyer Can Help After a Work Injury
Workers’ compensation is a no-fault system of insurance designed to pay benefits to workers who were injured or became ill while performing their job duties. Unlike a personal injury claim, injured Ohio workers can pursue a workers’ compensation claim despite who was at fault for the accident and even if you were injured due to your own negligence.
Ohio workers’ compensation pays benefits to replace your lost income and cover your medical expenses caused by your injury or illness. These benefits can be a lifesaver for injured workers who are unable to work (or work in a restricted capacity) and need medical treatment. If you have been injured or become ill as a result of your job, a Columbus workmans’ comp lawyer at Malek & Malek Law Firm can help you navigate the claim process to get the benefits you need.
Injured at Work? You Have Rights Under Ohio Law
Under the Ohio Workers’ Compensation Act, most employers in the state of Ohio are required to pay for workers’ compensation insurance in order to cover benefits to injured workers. While there are exceptions, the majority of businesses – even those with just one employee – may be required to purchase workers’ compensation insurance. As a result, if you have been injured while on the job, you may be entitled to benefits. An experienced Columbus workmans’ comp lawyer at Malek Law Firm can review your claim and help you move forward.
Are You Eligible for Workers’ Compensation Benefits?
In order to qualify for workers’ compensation benefits, you and your Columbus workmans’ comp lawyer need to be able to prove the following elements:
- You are an employee;
- You were injured in an accident or became ill; AND
- Your illness or accident occurred in the course of your employment.
The challenge for most claimants is the second element. For example, you would not be entitled to workers’ compensation if you were injured while cleaning the gutters on your home. However, you would be entitled to workers’ compensation if you were unable to work due to injury or illness you suffered as a result of your job. The following injuries or illnesses may qualify for workers’ compensation benefits:
- Slip and fall accidents
- Any kind of physical injury that is not idiopathic in nature. (An idiopathic injury would be where you faint or pass out due to high blood pressure. The high blood pressure has no relation to your work activity.)
- Lifting injuries
- Amputation injuries
- Injuries caused by working with heavy equipment or machinery
- Car accidents
- Illness or disease contracted as a result of handling or exposure to hazardous materials
- Repetitive motion/repetitive use injuries (RMI/RUI) such as carpal tunnel syndrome
It is important to note that there are some exceptions. For example, you may not be entitled to workers’ compensation benefits if you were engaged in illegal activities or were injured due to fighting with another employee.
How a Columbus Workmans’ Comp Lawyer Can Help
You are not required to be represented by an attorney in order to file a workers’ comp claim, but it is highly recommended as working with a Columbus workmans’ comp lawyer makes the process easier for you, and increases the likelihood of your claim being approved. An experienced workers’ compensation attorney at Malek Law Firm can help by:
- Collecting the documentation you need to prove your claim
- Preparing and filing the necessary paperwork for you to receive compensation or medical treatment
- Speaking on your behalf with your employer, your medical providers, or any other related parties
- Representing you at Industrial Commission hearings
- Appealing your claim to court if it is denied
Malek Law Firm has been representing injured workers in Columbus and throughout the state of Ohio since 1972. We have successfully recovered millions of dollars in compensation and medical benefits for our clients. We are the go-to Columbus workmans’ comp lawyer for thousands of folks.
We manage every aspect of your claim for your work injury. Hire us and we will take care of all the tasks related to your Ohio workers’ comp claim. If the workers’ compensation system is a sponge, we will squeeze that sponge to maximize all the compensation and medical benefits you are entitled to.
As your Ohio workers’ comp attorney we will walk with you every step of the way. We will represent you at hearings. We will represent you at jury trials. We will communicate with your medical providers, managed care organizations, your claim rep, your employers attorney, and whomever else we need to in order to manage your claim.
Bottom line, Malek Law Firm is a family run firm, so we understand how devastating a work injury can be not only for you but also your family. We truly care and wish the best for our clients.
Frequently Asked Questions Answered by a Columbus Workmans’ Comp Lawyer
The workers’ compensation claim process can be complicated to navigate, especially when you’re injured and trying to focus on your recovery. Here are some of the questions we typically receive from clients:
Who Files My Workers’ Compensation Claim?
A workers’ compensation claim is typically filed by the injured employee. However, other parties may file your claim on your behalf:
- Your physician
- Your employer
- Your Columbus workmans’ comp lawyer or otherwise authorized representative
- Your spouse
How Do I File My Own Workers’ Compensation Claim?
The first step is to file a First Report of Injury, Occupational Disease or Death (FROI) with the Ohio Bureau of Worker’s Compensation (BWC).The FROI can be filed online or via mail or fax. You can also call the BWC and a customer service representative will take your information to complete the form.
Once your claim has been filed, you will receive a letter in the mail confirming receipt of your claim and a BWC ID card.
How Long Do I Have to File My Workers’ Compensation Claim in Ohio?
The sooner you file your claim, the sooner you can begin receiving your benefits. However, you have up to one year to file your claim from the date of injury. In the event of death, your spouse or other claimant must also comply with this deadline. If you do not file your claim within one year, you will lose all of your rights to compensation.
Please note, however, that this deadline is more complicated in the event that you are an emergency worker or you are suffering from an occupational disease. If either of these categories applies to you, we recommend you discuss your case with a Columbus workmans’ comp lawyer as soon as possible.
Why Should I Hire a Columbus Workmans’ Comp Lawyer?
While the process may sound straightforward, not every claim is approved. A Columbus workmans’ comp lawyer can help in the following situations:
- Your employer disputes that you were injured on the job.
- You cannot get the medical treatment you need.
- You have been denied benefits.
- You are unable to work.
- Your claim or your benefits appear to be in limbo.
Many people hire a workers’ compensation lawyer simply because they are overwhelmed by the claim process during this difficult time in their lives. An experienced Columbus workmans’ comp lawyer can handle the entire process start to finish on your behalf so that you can focus on getting better.
What If I Can’t Afford to Hire A Workers Compensation Lawyer?
Good news! You don’t pay a Malek Law Firm Columbus workmans’ comp lawyer an hourly fee to represent you for your work injury. We are paid on a contingency fee basis. It doesn’t matter whether we work 10 hours on your claim or 100’s of hours. You only pay us a percentage of money that we obtain on your behalf.
Contact a Columbus Workmans’ Comp Lawyer at Malek Law Firm
We understand the challenges you face when you are unable to work—you need medical treatment and you have to support your family. Fortunately, you don’t have to face this situation alone. If you are unable to work due to an injury or illness suffered on the job, the attorneys at Malek Law Firm can help you get the benefits you deserve. We work the tough cases and get results so that you can move forward. If you’d like to speak with a Columbus workmans’ comp lawyer who will fight for your benefits, call us at 888-444-7440 or send us an email to schedule a free consultation today.