It’s a sad reality that some employers knowingly or unknowingly subject their employees to unsafe working conditions. Unfortunately, when this happens, workers can suffer in more ways than one. From life-altering injuries that demand ongoing medical treatment to lost wages, workplace accidents can hurt employees physically, financially, and emotionally.
When Injury Strikes
Many injuries that happen at work are simple accidents. In these cases, you may be able to obtain workers’ compensation to alleviate some of the financial stress after you’ve been harmed. However, in limited circumstances, if you were injured because your employer knowingly exposed you to unsafe conditions or failed to take safety measures, you may be allowed to seek compensation by filing a lawsuit.
Moreover, if the negligence of a third party (a person or company other than your employer) contributed to causing your injury, you may be able to bring a lawsuit against that party—even if you’re also receiving workers’ compensation benefits from your employer.
An Experienced Attorney Makes the Difference
Although an employee is not required to be represented by an attorney when pursuing a workers' compensation claim, it is highly recommended. Harry has 28 years of experience getting workers the benefits that they are entitled to receive.
The Ohio Workers’ Compensation system is quite technical and many procedures must be followed in order to recover your maximum benefits. In order to prevail on a claim, an employee must fill out several forms correctly, file them in the appropriate locations, provide wage and job description information when requested, attend hearings as instructed, and attend medical examinations when required. Failure to complete any of these obligations may result in the denial of your claim, and leave you uncompensated for a legitimate work-related injury or occupational disease.
An attorney can help by:
gathering and preparing all necessary documents,
attending all scheduled hearings, and
communicating with all medical professionals and state administrators involved in the matter.
I can help you determine whether you have grounds to file a lawsuit against a third party or even against your employer. If you do, you may be able to recover damages for lost income, medical expenses, and pain and suffering.
After a workplace accident, you may feel as if you’re alone and without options. Don’t let these negative feelings consume you. Instead, empower yourself by contacting me for your initial consultation.
What is Workers’ Compensation?
Ohio's Workers’ Compensation laws provide a system of compensation for any employee who has been injured in the course of their employment, or suffers from an occupational disease developed in the course of their employment. The system also provides compensation to family members if an employee is killed due to a job-related activity.
All employers and almost every employee must participate in the Ohio Workers’ Compensation system. Most employers participate in the State Insurance Fund by paying premiums. An employer’s premium is determined by several factors, including the total amount of payroll, job classification (risk of injury), and risk history of the employer. Certain large employers with specific qualifications may insure themselves, but are responsible for compensating an employee if any job-related injury or occupational disease occurs.
Workers' Compensation is a system of no-fault insurance created statutorily by federal or state governments to allow for a more efficient economy. The government places a legal duty upon all businesses to provide insurance for their employees for any work-related injuries, but exempts them from negligence suits for such injuries.
The State of Ohio implemented a system for Ohio Workers’ Compensation in 1924 with an amendment to Section 35 of the Ohio Constitution to provide "compensation to workmen and their dependents, for death, injuries, or occupational disease, occasioned in the course of such workman's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state...Such compensation shall be in lieu of all other rights to compensation, or damages...and any employer who pays the premium...shall not be liable to respond in damages at common law or by statute..."
The Law In Plain English
The Ohio Constitution mandates an Ohio Workers’ Compensation system which provides for:
workers’ compensation to employees for any work-related injury, death, or occupational disease,
establish an Ohio Workers’ Compensation fund to be administered by the state and funded by employer premiums, and
exempts employers who participate in the Ohio Workers’ Compensation fund from liability for work-related injury, death or occupational disease under common law or statute.
If you are injured or suffer an occupational disease as a result of any job-related activity, you may be entitled to any of several forms of compensation. These include:
Medical Bills - All medical costs resulting from a qualified injury will be paid.
Wage Loss - A portion of any lost wages or reduction in wages may be compensated.
Disability - An employee may be compensated for any permanent physical disability resulting from a qualified injury or occupational disease.
HURT ON THE JOB? DON'T WAIT TO CALL.
If you've suffered a work injury or occupational disease, you only have a small amount of time to file your claim. Don't wait. With over 28 years of experience handling workers' compensation claims, Harry Bernstein will get you the benefits that you are entitled to.