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Cleveland workers' comp attorneys

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When it comes to pursuing an Ohio workers’ compensation claim, there are three things that, if not done properly, have the potential to greatly disrupt the outcome for the injured workers. Failing to satisfactory perform each of these factors greatly increases the likelihood that a claim will be contested. Not only does this mean your claim might be rejected, it also means that additional time will be required to resolve the issue, delaying your receipt of much-needed compensation.

Reporting the Injury

If you are injured on the job, it is vital that you report the injury to your employer as soon as possible. Oral notification is not sufficient; details about the injury should be communicated to your employer in writing. Even if a worker understands this, it is still common to delay reporting an injury. Sometimes a worker believes that reporting an injury is not necessary because it seems minor and will heal in time. Other times, a worker might worry that he or she will be blamed for causing the accident.

While workers in Ohio have a year to file an injury claim, it is a good idea to alert an employer of the injury immediately. Failing to immediately alert an employer to an injury creates the risk that an injury might not be viewed as work-related. Additionally, the memories of supervisors can become clouded over time, which can weaken the strength of your claim if you wait to report.

Promptly Seek Medical Attention

Some employers in Ohio have on-site medical facilities. If you are injured on the job, you should promptly go there. While you are evaluated, make sure to disclose details about what you were doing, how the accident occurred, and how you were injured. If your employer does not have a medical facility, you should immediately visit an emergency room or an urgent care facility. Your medical report will provide a written record of the severity of your injuries.

Make Sure Your Claim is Filed

If you were injured on the job and plan to apply for workers’ compensation benefits, you should promptly file your claim. Much like employer reporting, Ohio requires that injured workers file a compensation claim within one year of being injured. It is often a better idea, however, to immediately file a claim. While medical facilities will file the claim paperwork for you, it is critical to follow up and make sure that your claim has been filed promptly. The quickest way to file paperwork is to submit a form on the Ohio Bureau of Worker’s Compensation’s website. Following the submission of the form, you will be provided with a claim number. If you fail to file a claim on time, you will likely end up being barred from obtaining compensation. 

Contact an Experienced Ohio Workers’ Compensation Attorney

Many things can weaken a workers’ compensation claim in Ohio. To make sure that you create the strongest case possible, do not hesitate to contact Nager, Romaine, & Schneiberg Co. L.P.A. to schedule a free case evaluation.

If you recently got hurt on the job or know someone injured at work, you might be learning more about the Ohio workers’ compensation system. Workers’ compensation claims go through the Ohio Bureau of Workers’ Compensation (BWC). You may have heard workers’ comp claims are an “exclusive remedy” in Ohio as well as in other states across the country. You also might be wondering what an exclusive remedy is and how it will affect the claims process.

We will provide you with some essential information concerning workers’ compensation as an exclusive remedy, but you should seek advice about your specific case from an experienced Ohio workers’ compensation attorney.

What is an Exclusive Remedy?

When someone says workers’ compensation is an exclusive remedy, what does that mean? In short, it is — in most situations — the only remedy available for workers hurt on the job or suffered a job-related illness. What is the reason for this? Since workers’ compensation is a no-fault system, the logic is an injured worker should be able to obtain compensation for a workplace injury regardless of any fault in causing the workers’ injury.

This “no-fault system” results in workers’ compensation being an exclusive remedy. An employee does not have to worry if they were negligent in causing their own injuries; it also means the employee will not need to go through a process to prove the employer was negligent.

Since workers’ compensation is a no-fault, exclusive remedy, however, the employee typically cannot file a personal injury lawsuit against a negligent employer.

This is what the exclusive remedy means — the workers’ compensation benefits are commonly the only remedy regardless of whether someone was negligent in causing the injuries.

Exceptions to the Exclusive Remedy of Workers’ Compensation

 Generally speaking, there are two different types of situations that are exceptions to workers’ compensation benefits being the exclusive remedy for a workplace accident.

First, in some cases, an employee may be able to sue an employer who intentionally caused the employee’s injury. Although relatively recent case law from the Ohio Supreme Court makes clear these types of cases are few and far between, an intentional act committed by an employer could allow an injured employee to file a lawsuit for an intentional tort.

The second type of situation, which is more common, is a situation in which a third-party caused the worker’s injury. In other words, someone outside the workplace — i. e., a driver of a vehicle crashes into a construction site on the highway, or a manufacturer of a defective machine part — bears responsibility for the worker’s injury. In these scenarios, the injured worker may file a personal injury lawsuit against that third party.

Learn More from an Ohio Workers’ Compensation Attorney

 If you have questions about your options for compensation after a workplace injury, an experienced Ohio workers’ compensation lawyer can discuss your case with you today. Contact Nager, Romaine & Schneiberg, Co., LPA for more information.

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