Following a workplace injury, the first thing on most injured workers’ minds is
“How will I seek the compensation I need to get through this injury and back to work?”
While there are specific steps that everyone should take following a workplace injury, one of the most often overlooked aspects when it comes to seeking compensation in an Ohio workers’ compensation case is the importance of hiring an experienced attorney.
Why Is an Attorney Necessary?
There are many nuances in workers’ compensation claims and many pitfalls that an injured worker may fall into if he or she is not represented by legal counsel.
Leveling the Playing Field
Employers and the Ohio BWC have their team of attorneys in workers’ compensation claims, so having an attorney of your own can level the playing field. Moreover, you can be assured that the other parties will not take advantage of you not knowing your rights.
Seeking compensation through the Ohio BWC requires extensive knowledge of:
- The Ohio Revised Code
- The Ohio Administrative Code
- The Industrial Commission’s hearing rules and resolutions
- The Ohio Rules of Evidence
- The Ohio Courts and their decisions
Let’s face it, knowing all of this isn’t possible for the average person, and nobody knows the workers’ compensation law better than the attorneys who represent clients every day under that law.
An Experienced Shoulder to Lean On
Not only does pursuing compensation require knowledge of Ohio workers’ compensation, but to seek the compensation you deserve, you need to know exactly how to approach your specific situation.
There are so many directions you can take your claim.
Pursue the Compensation You Deserve
Following a workplace injury, you can pursue medical benefits and compensation. Having an attorney represent you will ensure that all of your questions are answered and that your options are explained to you, giving you the best chance at pursuing the maximum possible compensation.
- Temporary total disability compensation
- Permanent partial disability compensation
- Wage loss compensation
- Living maintenance compensation
- Change of occupation compensation
- Scheduled loss awards
- Permanent total disability compensation
Getting approvals for medical treatment, diagnostic studies, and consultations to see other doctors is not a “guarantee” just because the claim has been allowed. The injured worker has to prove that any medical services requests are reasonable, necessary, and related to the allowed conditions in the claim.
There are guidelines the Ohio BWC and managed care organizations utilize to determine whether services are appropriate. For instance, the Ohio BWC uses the “Miller” criteria and the Official Disability Guidelines, and an attorney will know how to argue the treatment that you need fits within those parameters.
Settling the Claim
Another direction you can choose to take is settling the claim. An attorney will know how to formulate a settlement demand that takes into account all of the benefits and compensation you may be expected to receive over the life of the claim, and then present that settlement demand to the other parties.
However, there are many considerations to take before settling a claim and having an attorney to advise and guide you can mean the difference between being fairly compensated for your claim and walking away with a fraction of the true worth of your claim.
Our Team Can Help
The way you handle your workplace injury will leave a lasting impact on how quickly and properly you recover and return to your prior lifestyle. Working with an experienced Ohio workers’ compensation attorney will ensure that you have the best chances of pursuing the compensation you deserve.