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Legal Help for the Injured
If you were hurt on the job in Akron, Ohio workers’ compensation is usually your first source of recovery. Ohio runs a no-fault system through the Bureau of Workers’ Compensation (BWC), which means you can receive medical and wage-loss benefits without proving your employer did anything wrong. If someone other than your employer caused your injury, such as a contractor, property owner, or equipment manufacturer, you may also have a separate third-party personal injury claim for additional compensation.
At our Akron personal injury lawyers, we help injured workers file BWC claims, fight denials, and pursue every available source of recovery. We also handle statewide Ohio workers’ compensation claims across a range of industries.
Hurt on the job in Akron? Call (330) 869-9007 for a free consultation.
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Ohio workers’ compensation is a no-fault system run by the state Bureau of Workers’ Compensation. In exchange for guaranteed benefits, injured workers generally cannot sue their employer for a workplace accident. Most Akron-area employees who are hurt on the job qualify for medical coverage and wage-loss benefits through the BWC, regardless of who was at fault. Understanding how the system works, and where its limits are, helps you protect your benefits and spot any additional recovery a third party may owe you.
Filing a workers’ compensation claim in Ohio follows a clear set of steps, and getting them right early protects your benefits.
You generally have one year from the date of a workplace injury to file your claim. Deadlines for occupational diseases are different and depend on the condition, so do not assume the one-year injury deadline applies to a long-developing illness. If you are unsure where your situation falls, talk to an attorney before time runs out.
Depending on the facts and circumstances involved with a work-related accident, you may be entitled to financial compensation and relief through:
The Ohio Bureau of Workers’ Compensation (BWC) ensures covered workers have certain benefits if they are injured on the job. Ohio workers’ compensation laws provide compensation for lost wages and medical care, so the injured worker can obtain the necessary medical attention they need for a full recovery.
SSD is a federal program, and benefits are paid through the Social Security Administration. SSD provides you with income if you become disabled and are unable to work. Unlike workers’ compensation, your disability does not need to result from a work-related injury or condition. To be eligible for SSD, you must have:
Third-party claims are lawsuits or insurance claims against non-employers who are responsible for your work injuries. While workers’ comp may cover medical bills and a portion of your wages, a third-party claim can provide a settlement or jury verdict to pay for other losses such as pain and suffering, emotional distress, and a reduced enjoyment of life.
Because Ohio workers’ compensation is a no-fault bargain, employees usually cannot sue their employer even when the employer was careless. There are two narrow exceptions. An intentional tort may apply when an employer deliberately exposed a worker to a known and substantially certain risk of harm. A VSSR claim, a violation of a specific safety requirement, can add extra compensation when the employer broke a specific Ohio safety rule that led to the injury. Both are difficult to prove and run alongside your BWC claim rather than replacing it. If your injury involved a defective machine or a party other than your employer, a product liability claim for defective equipment or another third-party claim may also be available.
At Kisling, Nestico, & Redick, we represent many Akron-area employees who have sustained a variety of work accident injuries. Some of the most common work accidents occur in these industries and scenarios:
Fight for Everything You’re Owed
A denied claim does not have to be the end of the road. The BWC or a self-insured employer may dispute a claim for reasons like a late report of injury, a question about whether the injury is work-related, a gap in medical treatment, or a disagreement over which conditions should be allowed. When that happens, you can appeal.
In Ohio, contested claims move to the Industrial Commission of Ohio, which hears appeals at the district level first and then at a staff hearing if either side disagrees with the result. If you still disagree after the Industrial Commission process, you may be able to appeal further to the court of common pleas. Each step has its own deadline, so it is important to act quickly and keep your medical records and paperwork organized. An attorney can help you build the record, meet the deadlines, and present your case at each hearing.
Workers’ compensation is usually your first source of recovery, but it does not cover everything. When a third party, someone other than you or your employer, is responsible for your injuries, you may have a second way to recover. Through a personal injury lawsuit, you can hold another individual or company liable for losses that workers’ comp does not pay, including full lost wages, pain and suffering, and other damages.
For example, if a piece of equipment you use on the job was defectively manufactured, you may be able to hold the manufacturing company responsible for the injuries you sustained. A third-party claim runs alongside your BWC claim, not in place of it.
Ohio workers’ compensation pays several types of benefits depending on how serious your injury is and how it affects your ability to work. Common benefits include, but are not limited to:
The BWC pays for reasonable and necessary medical care related to your work injury, including doctor visits, hospital care, medications, consultations, and surgeries. With the high cost of medical bills, this coverage is often essential to your recovery.
If your injury keeps you completely off work for a period of time, temporary total disability benefits replace a portion of your lost wages until your doctor releases you to return to work or you reach maximum medical improvement.
When a work injury leaves you with lasting impairment, permanent partial disability benefits compensate you for that loss even if you can still work. If the injury prevents you from ever returning to sustained employment, permanent total disability benefits may apply.
If you return to work at a lower-paying or reduced-hour position because of your injury, wage-loss benefits help bridge part of the gap. Scheduled-loss benefits provide set compensation for the loss or loss of use of specific body parts, such as a finger, hand, or eye.
This benefit covers services that help you recover and get back to work, including physical therapy, counseling, and vocational rehabilitation to help you re-enter the workforce.
When a worker is killed in a workplace accident, surviving dependents may receive death benefits and an allowance toward funeral expenses through the BWC.
Workplace injuries
Our 29-year-old client had the tips of three fingers cut off when his hand got trapped in a…
Read MoreWhat Makes KNR Special?
Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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Contact KNRWhat Makes KNR Special?
Few things are more stressful than being sidelined by a workplace injury. With bills piling up and your income on hold, taking on a BWC claim or a denial on your own can feel overwhelming.
Our Akron work injury lawyers at KNR know how difficult these situations can be. We help you file your claim, gather the medical evidence that supports it, challenge denials, and pursue any third-party recovery you are owed. In one workplace-injury case, we recovered $1,708,000 for a client whose hand was caught in defectively designed equipment.
When you are ready to talk, call 1-800-HURT-NOW for a free consultation. There is no fee unless we win.