Millions of Ohio workers would rather build successful careers as opposed to finding themselves displaced due to injury, but an unfortunate reality about work is that injuries are commonplace. They are unplanned, inconvenient and oftentimes expensive. Thankfully, Ohio has excellent workers’ compensation laws that compensate injured persons for a myriad of covered events.
Today we will look at how Ohio laws work for the injured worker, and what you will need should a disastrous injury happen at the most inopportune time.
Even today, employers intimidate their workers into delaying the workers’ compensation process or persuade them into never filing. An attorney working on these claims would normally work with an employer to keep harmonious balance, yet House Bill 27 changed that. Now, workers’ compensation attorneys work directly with BWC to streamline the process, all but bypassing the employer completely.
The Bill, which created the fiscal year 2018-2019 budget for BWC, reduced the statute of limitations on filing from two years to one, even in cases in which workplace injuries lead to death. More importantly, the Bureau of Workers’ Compensation seems to favor employer savings over fair payment for job-related accidents.
Injured workers, unlike other states, need not prove negligence to draw from the BWC’s statewide ‘pool’, into which most all employers pay. An application will ensue, preferably under the tutelage of an attorney. Once approved, injured workers will receive medical and wage loss benefits, although pain and suffering are not included in covered benefits.
Psychological issues are not covered under BWC unless mental duress stems from workplace injury or disease. Employees who sign waivers before engaging in employer-sponsored activities after work hours are not covered under psychological provisions of BWC.
Depending on how flagrant an employers’ participation in your workplace injury, additional benefits may be sought in court. Even if foul play is not factored into your claim, an attorney may help ward off an employer’s repeated attempts at getting your claim denied. Again, BWC benefits the interests of employers, not you.
Changes in the statute of limitations may confuse the layman or could jeopardize claimants’ approvals altogether, too. Given the smaller time frame with which injured persons are working, it is easy to put aside filing claims, only to have the filing period pass and lose all rights to claim compensation.
Moreover, workers who pass away after their injuries may leave widows behind, with no financial compensation automatically endowed to them. With an expensive funeral and other expenses necessary to settle outstanding bills and obligations, this means families may have nothing to survive on.
BWC laws are easily misinterpreted. Injured persons should never hesitate when an attorney is local and offers workers’ compensation assistance. There may be laws that apply to your case that entitle you to additional compensation you deserve, and about which your employer often refuses to inform you.
Every workers’ compensation claim Lafferty, Gallagher & Scott, LLC fights gets the same undivided attention and zealous representation. If you need intelligent counsel to handle your BWC affairs, reach out by phone, our contact form or visit our Toledo-area location today.
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