The experienced workers’ compensation attorneys of Plevin & Gallucci have seen an increase in calls and questions regarding accidents in the workplace in Cleveland and throughout Ohio. Here’s what you need to know to understand when you can claim workers’ compensation, how to file or appeal a claim, what benefits you may claim, what to do if you’ve been injured, and how we may be able to help.

Remember, if you have a question at any time you can call us for free at (855) 475-3846.

Continue down for an overview of Workers’ Compensation, or feel free to jump to the topic most relevant to you:

• Common Workplace Accident Injuries
• Occupational Illness and Injury
• The Recycling Industry
• Denied Workers’ Compensation Claims
• Permanent Total Disability
• Temporary Total Disability
• Workers’ Compensation Claims Process
• Permanent Partial Disability Benefits
• Wage Loss
• What are the Most Dangerous Jobs?

Workers’ Compensation Claims: How Do They Work?

If you have sustained a workplace injury in Cleveland or Northeast Ohio, the law firm of Plevin & Gallucci can reduce the inconvenience and frustration of filing a claim so you can concentrate on your recovery. Our experienced workers’ compensation attorneys will handle all the paperwork and deadlines associated with your case and help you receive all the compensation you’re entitled to under the law.

Plevin & Gallucci has been helping injured workers in Ohio for over 40 years. If you have been injured on the job, contact our office today for a free consultation. Learn how we can help you with your workers’ compensation claim to ensure the best chance at a successful result.

If you’ve suffered a workplace injury or have become ill at work, seek medical care, if necessary, and report to your employer right away.

A single event typically constitutes a workplace injury, but an occupational illness results from repeat exposure to a hazardous work environment. Such diseases may be the result of gases, chemicals, physical vibrations from heavy machinery, radiation, or extreme changes in temperatures, pressure, or noises.

Once you have received medical attention and reported the claim to your employer, contact Plevin & Gallucci. We can help you file the necessary forms and determine the proper steps to ensure you receive full compensation for your injury or illness.

Are You Eligible for Workers’ Compensation Benefits?

Workers’ compensation benefits are intended to ensure that an employee who is injured on the job does not have to suffer financial losses as a result. Nearly all employees of businesses located in Cleveland and Northeast Ohio are covered through Ohio’s workers’ compensation system since state law requires that any business employing one or more people must be covered.

Even if you are an independent contractor, you may be eligible for workers’ compensation benefits. The attorneys of Plevin & Gallucci can help you understand your rights as a contractor if you are injured.

When you file a workers’ compensation claim, the Ohio BWC will evaluate your medical records and determine whether you were injured in the course and scope of your employment. They will discuss the potential claim with your employer and either allow, deny, or refer the matter to the Industrial Commission of Ohio for further adjudication.

Cleveland Workers’ Compensation Requirements

In order to qualify, you’ll need to meet several requirements:

• Your employer must be covered by workers’ compensation. Almost every employer is covered, with the exception of some religious groups, owners or partners who are the only employee of a business, and officers of family firms. Also note that federal employees must file for benefits through the federal government’s workers’ compensation system rather than Ohio’s state system.
• You must be an employee. You must be an official, legal employee of the company – volunteers and people working under the table are not covered. If you are an independent contractor in Cleveland, you may be eligible for workers’ compensation benefits. The attorneys of Plevin & Gallucci can help you understand your rights as a contractor if you are injured.
• Your injury, illness, or death must be work-related. Ohio workers’ compensation only applies if you were injured at work, if you’re suffering from an occupational illness (caused by the requirements of your job or exposure to environmental toxins at work, for example), or if your work-related injury or illness caused your death. Your medical records and other documentation must directly link the injury or illness with your job.

Statute of Limitations for Cleveland Workers’ Compensation Claims

Update: Effective September 29, 2017, the State of Ohio has a one-year statute of limitations for submitting workers’ compensation benefit claims in writing or by telecommunication. This one-year period, previously two years, begins on the date the injury occurred.

The statute of limitations for filing a workers’ compensation claim for an occupational disease varies based on the circumstances of the illness. Contact the attorneys of Plevin & Gallucci to review your situation.

Due to these strict time restrictions, it’s very important to speak with a workers’ compensation attorney as soon as possible to understand all your options before proceeding. Plevin & Gallucci attorneys are always available to take your call if you’ve been injured.

Filing a Workers’ Compensation Claim

If you suffer a work-related injury — no matter how minor it may seem — be sure to report it to your employer immediately and seek medical attention if necessary.

If you do receive workers’ compensation benefits, you lose the right to sue your employer for the injury or illness. In some cases, you may be better off filing a lawsuit than claiming benefits; the attorneys of Plevin & Gallucci can evaluate your case to help you make that call.

If you decide that you do want to claim workers’ compensation, the claims process starts when the injured worker, medical provider, or employer files a First Report of Injury (FROI) with the Bureau of Workers’ Compensation (BWC) either online or by mail. This is going to set the stage for the rest of your case, so it’s a good idea to talk to an attorney at Plevin & Gallucci BEFORE you submit any information. We  can help you fill out the paperwork properly to give your case the best possible chance of success.

The BWC will inform you whether your claim has been approved or denied within 28 days. To make their decision, the BWC will look at:

• A detailed description of the accident;
• The medical diagnosis of the injury;
• Medical documentation that directly links the treatment to the work-related injury;
• Information regarding the disability and the outlook for recovery.

Remember that your employer will bring in their own attorney to protect their interests and the BWC is a lot like a state-run health insurance company — they want to collect more premiums and award fewer benefits. In other words, they’re not necessarily looking out for your best interests. That’s why it’s important to bring your own lawyer on board to protect your rights.

Common Reasons for Claim Denial

Once you have submitted your workers’ compensation claim, the Ohio BWC will make a ruling to decide if your claim is approved or denied. It may be denied due to the following reasons:

• Your claim wasn’t filed on time;
• There is a discrepancy between your claim and submitted medical records;
• You did not provide a thorough account of what happened;
• The injury occurred outside the workplace;
• Your employer disputes the claim;
• There is a dispute relative to your employment status.

An increased volume of workers’ compensation claims can lead to a higher insurance premium for your employer. This means it is in their financial interest to fight to have your claim denied. The employer may offer a different version of the facts surrounding your injury when asked for confirmation of your claim or try to assert a technicality that would deny your claim.

If your claim is denied, Ohio law states that you have only 14 days to file an appeal. If you choose to appeal a decision, a hearing will be scheduled before the Industrial Commission. On the scheduled date, you will need to bring several copies of all pertinent documents related to your case. It is highly advised to have an experienced workers’ compensation attorney who knows Ohio law, like Plevin & Gallucci, present for this hearing since your employer will likely be represented by counsel.

Appealing a Workers’ Compensation Claim Denial

If your claim is denied, you’ll get a notice in writing. You only have 14 days after that to file an appeal, so make sure you check your mail regularly. You may also want to check in with the BWC regularly to ensure that you don’t miss a deadline.

When you appeal, you’ll have a hearing with the Industrial Commission of Ohio. Make sure you bring several copies of all the relevant documents with you. That includes:

• Medical records and documentation of the injury or illness (including photos and witness statements);
• All paperwork you’ve filed with or gotten from the BWC, including your First Report of Injury, the notice that your claim was denied, and your appeal paperwork;
• Any other information you think may be relevant to your case.

Remember: You can and should bring your attorney with you to the hearing. Your employer may also be present; both sides will have a chance to explain their positions. Before the Commission makes a final decision, you may be sent for another medical examination with a new doctor.

What Kind of Compensation Can I Get?

If your Ohio workers’ compensation claim is approved, the compensation you receive will depend on the type and severity of injury or illness you have suffered:

• Temporary total compensation is awarded when you are deemed temporarily unable to work due to your injury. It will pay for related medical expenses and some lost wages. This is the first and most basic form of workers’ compensation.
• Wage loss is compensation that may be available if your injury and its effects lead to decreased wages due to job reassignment or a forced career change. The law includes either working wage loss or non-working wage loss, depending on the individual’s employment status. The first seven days a worker is injured, he or she does not receive payment of lost wages. If the worker is out of work with the injury for 14 or more days, however, the first seven days of lost wages will be paid.
• Living maintenance is compensation given while a recovering worker is participating in an approved rehabilitation plan to get back on his or her feet and back to work. These payments can continue for up to six months.
• Permanent total disability is potentially lifelong compensation to Ohioans who are indefinitely unable to return to work and perform their job duties due to a job-related injury or illness.
• Permanent Partial Disability is available for injuries that cause lasting impairment, either physical or psychological, but do not fully stop you from working. These benefits are designed to provide compensation for the long-term effects of your injury, even if you can take on a different job or continue working in a limited capacity. The amount you receive is calculated by the severity of your impairment and is distributed over a designated time period.

The BWC’s website offers further detail on the categories of workers’ compensation benefits.

Does Workers’ Compensation Cover a Worker’s Death?

If your loved one has died as a result of a workplace injury or occupational disease, all employee dependents may be eligible for death benefits. In the State of Ohio a dependent may be a family member of the deceased employee or anyone else that can establish a level of dependency. A formal application must be submitted at which time the application will be reviewed and a decision rendered. Should either the potential dependents or the employer disagree with the ruling, they have the option of filing an appeal and having the matter set for hearing.

In addition to death benefits, there are other benefits that you may be entitled to if you are the dependent of an employee who has died from a workplace injury or illness. These benefits often can be substantial sums to help those most affected by an employee’s death. The attorneys of Plevin & Gallucci can help you understand and apply for all benefits to which you are entitled as a family member.

Time is of the essence when filing workers’ compensation claims related to an employee’s death. Ohio law limits the amount of time a dependent has to seek additional benefits. Plevin & Gallucci can help you through every step of the claims process to avoid missing deadlines.

See also: Ohio Wrongful Death Claims: What You Need to Know

What’s an Occupational Illness?

In addition to injuries, workers’ compensation benefits are also available in Ohio to those who suffer from a job-related illness.

This can include ailments like carpal-tunnel syndrome for those who type all day or diseases linked to exposure to asbestos or other environmental hazards found in some Ohio workplaces.

Due to the physical effects and symptoms, the attorneys of Plevin & Gallucci will help you determine whether to make your claim an injury case instead of an illness claim. You may be able to receive additional compensation as you recover.

If You’ve Been Injured or Gotten Sick at Work

If you’ve been injured at work or developed a work-related illness, there are several steps you should take to protect your workers’ compensation claim (and your health!):

• Doctor’s orders: Be a good patient. Your doctor sees a lot of patients every week, so take steps to make it easy for them to give you the best possible care. Prepare for your appointment in advance — keep a written list of your symptoms and think about how to describe them clearly. Write up a list of questions in advance to make sure you know how to speed up your recovery and what you need to avoid. Write down their instructions and follow them. Putting everything down on paper means you won’t forget anything and makes it easier for your doctor to give you an accurate diagnosis and a good treatment plan.
• Don’t give up: The human spirit and our ability to heal can be powerful. Focus on your healing, and be careful to not re-injure yourself by returning to work until ready. Hopefully you are excited to get back to work, and that’s the attitude to get you there!
• Don’t trust your claims coordinator: They do not understand your pain, and may not want to. Their job is to save the state or an insurance company money. They just don’t necessarily have your best interests in mind. They may also try to pressure you into making decisions when you’re in pain and under stress, worrying about your health and your family. Consider contacting an attorney to deal with the claims coordinator for you.
• Don’t jeopardize your claim: Unfortunately, your employer may try to use every possible weapon to make sure your claim is denied and these days, that can mean things like photos on social media. Be very mindful of the pictures and other media you’re in — they could use an image of you smiling at a barbecue as evidence that you’re not in that much pain.
• Keep records: You’ll need to keep a written record of everything to do with your claim. Keep copies of all medical records and test results. Keep records of any relevant phone calls with your doctor, the claims coordinator, and any other party to the case. Those records will be crucial evidence for your claim.

And one more thing: Do not accept a settlement without consulting with a workers compensation lawyer first. They’ll pressure you to settle because that generally saves them money. If you settle, you lose the opportunity to claim any more compensation. So make sure you’ve talked to the workers comp lawyers of Plevin & Gallucci to know how much compensation you may be entitled to.

Reasons to Hire a Cleveland Workers’ Compensation Lawyer?

You can file a workers’ compensation claim without hiring an attorney, but there are many reasons why you may benefit from having the worker’s compensation attorneys of Plevin & Gallucci on your side. Due to the potentially complex nature of workers’ compensation cases, we can help you work through more detailed situations, which may include:

Workers’ Compensation Claim Denial

A majority of workers whose claims have been denied do not appeal the decision. The workers’ compensation attorneys of Plevin & Gallucci do not require an upfront fee and can give you the best opportunity to receive fair benefits for your injuries.

Inadequate Settlement Offer from Your Employer

In some instances, the settlement offer may not cover all your medical expenses and wages lost due to your on-the-job injury. A judge will typically approve an agreement as long as it isn’t perceived as grossly unfair. The workers’ compensation attorneys of Plevin & Gallucci will fight for the maximum compensation owed to you.

Inability to Return to Work Due to Injury

Workers’ compensation injuries or disabilities that prevent you from returning to your prior job or performing any work can be expensive for insurance companies who may have to pay either a large lump sum or a lifetime of weekly payments to compensate for lost wages. If your claim involves permanent injury or illness, it is essential to seek professional advice from the workers’ compensation attorneys of Plevin & Gallucci. We have the in-depth knowledge of Ohio law to pursue the compensation you deserve.

How Can A Cleveland Workers Compensation Lawyer Help Your Case?

Workers’ compensation cases can be extremely complicated and the outcome can have a serious impact on you and your family. And unfortunately, the other parties are going to try to pay you as little as possible.

That’s where Plevin & Gallucci comes in. We have been fighting for the rights of injured Ohio workers for more than 40 years. Your case and your injury matter to us. We understand the pain and inconvenience your injury or illness can cause as you try to get through your daily life. We became workers’ compensation lawyers to fight against these big companies and claims adjusters and help protect our fellow Ohioans when they need it most. We’re here to stand with you and fight for your rights. We can help you gather the evidence you need, navigate the bureaucracy and paperwork, and support you against the pressure of big companies and big agencies.

Contact us today by calling 1-855-4-PLEVIN or fill out the form on this page for a no-obligation consultation with one of our attorneys.