Accidents can happen anywhere, and the workplace is no exception. Whether you work in an office, a construction site, or a factory, knowing what steps to take after an accident is crucial for your well-being and the integrity of the incident reporting process. If you’ve suffered a job-related injury, here are a few important steps on what to do after an accident at work and how to protect your legal rights.

Prioritize Safety:

• The immediate concern after an accident is safety. Ensure that everyone involved, including yourself, is in a safe location.
• If there are any ongoing hazards (such as exposed wires or spilled chemicals), take steps to mitigate them or inform the relevant personnel.

Seek Medical Attention:

• If the accident results in injuries, seek medical attention promptly. Don’t underestimate the importance of getting a thorough medical evaluation, even if injuries seem minor at first.
• Report all injuries, no matter how insignificant they may seem, to your supervisor or HR department.

Report the Incident:

• It is up to your employer to file a workers’ compensation claim with their insurance company on your behalf, so it’s vital to inform your supervisor or manager about the accident as soon as possible. Many companies have specific procedures for incident reporting, so make sure to follow them closely.
• Provide a detailed and accurate account of what happened, including any contributing factors or witnesses.

Document the Scene:

• Take photos of the accident scene, if possible, and gather any relevant evidence. This documentation can be crucial for insurance claims or legal proceedings.
• Write down your own account of the incident while the details are fresh in your memory.

Witness Statements:

• If there were witnesses to the accident, ask for their contact information. Their statements can provide valuable corroboration of your account.
• Encourage witnesses to report the incident to their supervisors or HR as well.

Follow Company Procedures:

• Familiarize yourself with your company’s policies and procedures regarding workplace accidents. This may include filling out specific forms or attending meetings with safety officers.
• Cooperate fully with any internal investigations that may take place.

Legal Assistance:

• If the accident results in serious injuries or if you encounter difficulties in the aftermath, consider seeking legal advice.
• A workers’ compensation attorney can help protect your rights and guide you through the process.

Recovery and Rehabilitation:

• Follow any prescribed medical treatments and rehabilitation plans diligently.
• Keep your employer informed about your progress and any adjustments needed for a safe return to work.

 

If You Run Into Trouble, See a Workers Compensation Lawyer

You may want to consult an attorney with experience handling workers’ compensation claims. An initial consultation is usually free and an attorney can help you determine what benefits you may be entitled to receive.

Experiencing an accident at work can be distressing, but knowing how to navigate the aftermath is crucial for your well-being and the integrity of the incident reporting process. By prioritizing safety, seeking medical attention, and following the proper procedures, you can contribute to a smoother resolution and help prevent future incidents. Remember, your health and safety are paramount, and taking the right steps after an accident is an essential part of ensuring a positive outcome.

If you’ve suffered a workplace injury, it’s important to understand the duration of workers’ compensation benefits to ensure your financial and emotional well-being. In this article, we will explore the time limits, conditions, and important considerations for those seeking workers’ compensation benefits in Ohio.

How Long Can You Receive Workers’ Comp Benefits in Ohio?

Workers’ comp provides crucial financial support to employees injured on the job in Ohio. The duration of these benefits can vary depending on several factors, such as the severity of the injury, the progress of your recovery, and the type of benefits awarded. Let’s discuss the different types of benefits and their payout duration.

What Types of Disability Benefits Are Available to Workers Injured on the Job?

Temporary Total Disability (TTD) Benefits:
If your injury prevents you from working for a period, you may be eligible for Temporary Total Disability (TTD) benefits for a maximum of 200 weeks (about 4 years). There are specific circumstances that can lead to early termination of these benefits, such as when a physician determines that your recovery is either complete or has reached a plateau and is not expected to get better with further treatment.

Permanent Partial Disability (PPD) Benefits:
If your work injury results in a permanent impairment but doesn’t entirely prevent you from working altogether, you may qualify for Permanent Partial Disability (PPD) benefits. The percentage of your impairment will determine the duration of PPD benefits. The higher your impairment, the longer the duration (200 weeks max).

Wage Loss Benefits In Ohio:
Wage loss benefits may be available if you’ve returned to work but are earning less than you did before your injury. This benefit is also capped at 200 weeks.

Lifetime Benefits:
For certain catastrophic injuries such as paralysis or severe brain injury, you may be eligible for lifetime benefits.

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While the above guidelines provide a general idea of the duration of workers’ compensation benefits, there are crucial considerations to keep in mind:

1. Medical Documentation: To maintain your benefits, you must provide thorough medical documentation and regularly attend medical appointments. Failure to do so may result in the termination of your benefits.
2. Maximum Medical Improvement (MMI): Benefits may end when a physician determines that you’ve reached MMI, meaning your condition has stabilized and further medical treatment will not significantly improve your health.
3. Vocational Rehabilitation: In some cases, vocational rehabilitation may be offered to help you re-enter the workforce. The duration and success of such programs can affect your benefits.
4. Legal Assistance: Navigating the workers’ compensation system can be complex. Consulting with an experienced workers’ comp attorney can help you understand your rights and advocate for your best interests throughout the process.

Remember that this article is a general overview and that unique circumstances may differ. Always consult with a qualified workers’ comp attorney to receive personalized guidance. We can help ensure that you receive the benefits you deserve while protecting your rights during your recovery.

If you have more questions or need assistance with your workers’ compensation claim, reach out to us. We’re here to help you through this challenging time and provide legal support.

Stay informed, stay safe, and remember, you don’t have to navigate the workers’ compensation system alone. Call Tom Marchese.

Greetings! Accidents at the workplace can be quite challenging to deal with, but luckily, workers’ compensation is there to help. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantage of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

In conclusion, having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

Remember, we want you to have the best possible outcome and get the compensation deserve, even if you don’t choose us to represent you. When faced with a workplace injury, don’t hesitate to reach out to a workers’ compensation attorney – they’ll be your reliable partner throughout the entire process.

After a workplace injury, you’re counting on your workers’ comp benefits to help pay your medical bills and help you get by financially until you’re able to return to work. Unfortunately, your employer (or the workers’ compensation insurance carrier) had different plans.

As with any insurance claim, there are important deadlines, rules, and exceptions that will ultimately determine if the claim is approved.

If your workers’ comp claim was denied, the first thing you need to do is determine the reason why. This should be in your denial letter as well.

Here are some common reasons for a denial of workers’ comp benefits: (This is not an exhaustive list and an experienced Ohio workers’ comp attorney will be able to assess your case in detail.)

• You didn’t report your injury within the deadlines given.  While you should notify your employer immediately following the injury, the Ohio statute of limitations for filing a workers’ compensation claim is one year.
• No one witnessed your accident. Whether your witness was a coworker or even a surveillance video, any proof that can verify how you became injured can drastically help your case. If you know that your accident had no witnesses, it should encourage you to report your injuries to your employer immediately and get prompt medical attention.
• Your accident report or medical records seem suspicious. Your employer’s workers’ compensation insurance carrier will be tediously going through your claim with a fine-toothed comb. If your report differs from those of your coworkers or your doctor, or if your medical records show that you had drugs or alcohol in your system at the time of the accident, it will be very difficult to get workers’ compensation benefits.
• You refused to cooperate during the claims process. Being cautious when dealing with insurance companies is always advisable, and it’s a good idea to consult with an attorney before signing or recording any statements or documents. Oftentimes, your signature or recorded statements aren’t required to obtain benefits, but many insurers will try to use this as an excuse to deny your claim. This is usually not a valid reason to deny a claim, and an attorney can help you sort this out in an appeal.
• Your employer or their workers’ comp insurer made a mistake or is being difficult. Often, employees can follow procedure by the book when it comes to reporting their injuries and filing claims, but they’re still denied benefits. Whether the employer or their carrier overlooked a key detail or simply made a mistake, a workers comp attorney can help you appeal your denial if your case is sound.

Now that you understand why your workers’ compensation claim has been denied, there are several steps you can take:

1. Review the denial letter: Carefully read the denial letter provided by your employer’s insurance company. Understand the specific reasons for the denial and any deadlines for appealing the decision.
2. Consult an attorney: Consider seeking legal advice from an attorney who specializes in workers’ compensation. They can assess your case, explain your rights, and guide you through the appeals process.
3. Gather supporting evidence: Collect any relevant documents, such as medical records, incident reports, witness statements, and other evidence that supports your claim. This evidence can be crucial when appealing the denial.
4. File an appeal: Follow the instructions provided in the denial letter to file an appeal within the specified timeframe. Be sure to include any additional evidence or documentation that supports your case. Depending on your jurisdiction, there may be multiple levels of appeals, so be prepared for the process to take time.
5. Attend hearings or mediation: In some cases, you may be required to attend hearings or mediation sessions as part of the appeals process. These proceedings allow you to present your case and provide further evidence supporting your claim.
6. Keep records: Maintain a detailed record of all communications, including dates, times, and the individuals you speak with regarding your claim. This documentation can be valuable if there are any disputes or misunderstandings during the appeals process.
7. Follow up: Stay in touch with your attorney and the relevant parties involved in your claim. Keep track of any updates or requests for information and respond promptly.

Remember, the workers’ compensation process can be complex, and outcomes vary depending on the circumstances. Seeking legal advice and assistance from an experienced workers’ comp attorney is often beneficial when navigating the appeals process.

One of your most important rights as an injured worker in Ohio is your right to appeal a workers’ compensation claim denial. If you have been denied benefits for any reason, workers’ compensation attorney Tom Marchese can help. Schedule your free consultation with us today to discuss your case.

 

The three most important things to remember about a workers’ compensation settlement are:

 

1. Settlements are voluntary. No one can force you to settle your case for an amount you don’t agree with.
2. Most settlements will stop the payment of compensation and medical payments in exchange for a lump sum of money.
3. In Ohio, if the employer is not self-insured and the claim is older than five years, it is not necessary to have an agreement from the employer to settle. In those cases, the injured worker can settle directly with the BWC and the employer cannot stop the settlement.

Many injured workers call me and want to know how long it takes to settle a case and how much their case is worth.

The value of a workers’ compensation case depends on how serious the injury was and how much compensation and medical bills were already paid. A settlement is based on how much compensation will be paid in the future, not how much has already been paid.

A serious injury involving surgery or other significant treatment will be worth more than an injury with sprains and strains of muscles.

This leads to the big question: How long will it take?

On average, once medical treatment has ended, a settlement can be reached in as little as two or three months so long as the parties can agree on an amount.

An attorney can evaluate your case at no cost to you. The attorney must review the medical records and reports to form an intelligent opinion on any case.

If you are not receiving ongoing medical treatment or compensation, waiting to settle your case may lead to a smaller settlement. Therefore, it is important to contact an attorney as soon as possible to discuss a settlement.