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Common Types of Claims for Workers’ Compensation

HomeBlogWorkers' CompensationCommon Types of Claims for Workers’ Compensation

Common Types of Claims for Workers’ Compensation

June 20, 2023
By Lafferty Gallagher Scott

Ohio employees are not allowed to file a claim against their employers, but they have options when seeking damages from a negligent third party. You may be eligible to file for one of the four main types of workers’ compensation claims, which our attorneys outline below. 

Choosing a type is easier with an attorney so you can get the facts about your case. Lafferty Gallagher & Scott represents injured workers and their best interests as they pursue compensation. If you were hurt while working and you believe a third party was responsible for your injuries, contact our legal team for specific advice. 

Type 1: Medical Treatment Only

If your work injury didn’t cause you to miss time at work, you might be eligible for a Type 1 claim. You must have received medical treatment for your injury to quality, however. Typically, the worker will stay at the same place of employment. The injured person needed medical care but wasn’t absent from work. An attorney can help you file this type of claim and send it to the Ohio Bureau of Workers Compensation. 

Type 2: Medical Treatment and Lost Time at Work

If your injury required medical treatment and you missed time at work, you may have a Type 2 claim. In order for your claim to be valid, your injury must have been treated by a medical professional. The employee would receive 2/3 of their typical wages and benefits during the time they heal at home or at a hospital. Once you recover, you will presumably return to work. In this claim, you may have decided to change employers once you are well enough to work again. 

Type 3: Injuries That Impact the Person’s Ability to Work

Severe injuries and complications may qualify a worker for a Type 3 workers’ compensation claim. In order to file this type of claim, your injuries must have prevented you from returning to your job, and you are not eligible for most kinds of work. You may be rewarded 2/3 of your previous wages while you recover, which can last up to 350 to 400 weeks, depending if your medical provider approves you for specific types of employment. 

Type 4: Injuries Prevent the Person From Returning to Any Kind of Work

Some work-related injuries are severe, such as deafness, blindness, paralysis and loss of limbs. These injuries may qualify you for a Type 4 claim if you cannot return to any type of work after medical treatment. In such situations, you do not face a limit on how long you can receive benefits. Aside from certain adjustments, you may be eligible for lifelong benefits as compensation. 

Ohio as an “At-Will Employment” State: What It Means

In Ohio, employment is “at will,” meaning an employer can fire you for any reason. When you are injured on the job, you aren’t guaranteed that your position will be waiting for you after you’ve recovered. Your employer is allowed to replace you, if necessary, without a reason or warning. Since losing your job doesn’t warrant a lawsuit in Ohio, you must plan for the next steps of finding new employment. 

If you were injured, it’s important to know what kind of claim you may be eligible for to seek your entitled benefits. Contact Lafferty Gallagher & Scott to schedule a consultation.

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