If you’re hurt on the job, KNR will explain your options and help recover compensation.
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Legal Help for the Injured
Thousands of Ohio workers are injured on the job each year, and while workers’ compensation can help, it may not cover all your losses. If negligence by someone other than your employer contributed to your injury, a third-party lawsuit may be the key to full compensation. At Kisling, Nestico & Redick, our Cleveland work injury lawyers and personal injury attorneys have decades of experience helping injured workers recover everything they are owed, and we are ready to fight for your future.
If you have questions about pursuing a workers comp claim or filing a work injury lawsuit, call KNR at (216) 658-1330. We offer free initial consults, and there are no upfront fees.
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Ohio runs a no-fault system through the Ohio workers’ compensation program, so you do not have to prove your employer was negligent to receive benefits. To protect your claim, report the injury to your employer right away and get medical care from a provider who can document your condition. Your claim begins when a First Report of Injury (FROI) is filed with the Ohio Bureau of Workers’ Compensation (BWC), which generally decides to allow or deny the claim within 28 days.
For a workplace injury, you generally have one year from the date of injury to file your claim with the BWC, and deadlines for occupational-disease claims are different. Missing the deadline can cost you the right to benefits, so it is smart to act quickly. KNR can handle filing a BWC claim for you, gather the medical evidence the BWC needs, and keep your case on track from the first report through approval.
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At Kisling, Nestico, & Redick, we represent many Cleveland-area employees who have sustained a variety of work accident injuries. Some of the most common work accidents occur in these industries and scenarios:
Cleveland workers come to KNR with a wide range of injuries, from minor strains to life-altering trauma:
In Ohio, workers’ compensation is a state-mandated program that is designed to protect both employees and employers. It provides injured workers a range of financial and medical benefits, such as health coverage and compensation for lost wages. This coverage also covers an employee who develops an illness caused by their surroundings.
While the benefits are helpful, the Ohio Bureau of Workers’ Compensation (BWC) program most often benefits employers. If an employee is injured on the job and accepts workers’ compensation benefits, they may not be able to sue their employers, regardless of the cause of the accident.
If you are hurt on the job, your accident may have been caused by someone other than yourself or your employer. In situations involving a third party’s negligence, an injured employee can file a lawsuit against the person or company responsible for their injuries in addition to receiving workers’ compensation benefits.
Because Ohio workers’ comp is a no-fault trade-off, accepting benefits generally bars you from suing your own employer for a workplace injury. There are two narrow exceptions. The first is an employer intentional tort, which applies when an employer acts with deliberate intent to cause harm, a very high bar to meet. The second is a Violation of a Specific Safety Requirement (VSSR), where an employer ignored a specific state safety rule and that failure led to your injury. A VSSR can add compensation on top of your standard benefits.
These exceptions are different from a third-party claim, which targets a person or company other than your employer. When a non-employer caused your injury, you may be able to pursue third-party work injury claims alongside your BWC benefits to recover for losses workers’ comp does not pay.
While workers’ compensation may cover medical bills and a portion of your lost wages, a third-party liability claim can provide you with a settlement or jury award to pay for other losses such as your pain and suffering, emotional distress, and a decrease of enjoyment of life.
Unlike workers’ compensation claims where the law dictates the amount of compensation you receive, settlements in third-party claims are determined by the value of your claim.
Our lawyers work with many clients who have been injured on the job because a party other than their employer is at least partially responsible. Some examples of third-party claims include:
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Regardless of the employer, an employee injured on the job can access a specific set of benefits through the BWC. The exact workers’ compensation benefits you qualify for depend on how serious your injury is and how it affects your ability to work. The categories below cover the support most injured Cleveland workers rely on while they recover.
Being injured in a workplace accident can lead to significant injuries as well as high medical costs. Ohio workers’ compensation covers reasonable and necessary medical treatment for your work injury, including doctor visits, hospital care, surgery, prescriptions, physical therapy, counseling, prosthetics, and acupuncture.
When a work injury keeps you off the job, disability benefits replace part of your lost income. Temporary total disability (TTD) pays you while you cannot work at all during recovery. Permanent total disability (PTD) applies when an injury permanently prevents you from returning to any sustained work. Permanent partial disability (PPD) compensates you for a lasting impairment even after you are able to work again.
If your injury forces you into a lower-paying job or limits your hours, working and non-working wage loss benefits help make up part of the difference. Living maintenance benefits can also provide income support while you take part in an approved rehabilitation program, so you are not forced to choose between recovering and paying your bills.
The employee may require physical and mental rehabilitation if the injury sustained in a workplace accident is significant. Vocational rehabilitation also covers the resources you need to reenter the workforce, such as retraining, tuition, and job placement help when you cannot return to your old position.
The surviving family members of an employee who is killed on the job are entitled to receive compensation for both the pain and suffering that comes with the loss of a loved one, as well as financial compensation. In addition to funds that can be used to cover funeral costs, dependent family members may be able to recover compensation for lost wages.
Workplace injuries
Our 29-year-old client had the tips of three fingers cut off when his hand got trapped in a…
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What 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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There are few things more terrifying than being helpless because of a workplace injury. With the stress of paying bills and getting your life back on track, you may not be able to take on a legal battle on your own.
Our work injury lawyers at KNR know how difficult these situations can be. We will guide you through every step of the legal process. With our help, you may be able to obtain funds for your injuries.
A denied claim is not the end of the road. The BWC denies workers’ comp claims for reasons like late filing, insufficient medical documentation, a dispute from the employer, or a procedural error in the paperwork. If your claim is denied, you can appeal to the Industrial Commission of Ohio, where your case is reviewed at a hearing.
Strict deadlines apply at each stage of the appeal, so it is important to act quickly and not let the clock run out. A lawyer can pinpoint why the claim was denied, gather the medical evidence the BWC was missing, and present your case at the hearing. If your claim has been turned down, call KNR so we can review your options for appealing a denied claim right away.
For a workplace injury, you generally have one year from the date of the injury to file your claim with the Ohio Bureau of Workers’ Compensation. Deadlines for occupational-disease claims are different and can depend on when the condition was diagnosed. Filing early gives you the best chance of a smooth claim, so it is wise not to wait.
Ohio workers’ compensation can cover medical treatment for your injury, temporary and permanent disability payments, working and non-working wage loss, vocational rehabilitation and job training, and death benefits for dependents if a worker is killed on the job. The benefits you qualify for depend on how serious your injury is and how it affects your ability to work.
If the BWC denies your claim, you can appeal to the Industrial Commission of Ohio. Act quickly, because strict deadlines apply at every stage of the appeal. A lawyer can present the medical evidence the BWC was missing, explain why the claim should be allowed, and argue your case at the hearing.
Usually no, because Ohio workers’ compensation is a no-fault system, and accepting benefits generally bars a lawsuit against your own employer. Two narrow exceptions are an employer intentional tort and a Violation of a Specific Safety Requirement. If a non-employer caused your injury, you may also be able to bring a third-party lawsuit.
No. Ohio workers’ compensation is a no-fault system, so you do not need to prove your employer was negligent to receive benefits. You simply need to show that your injury or illness is work-related and that you filed your claim on time.
Kisling, Nestico, & Redick has years of experience helping injured workers. Our Cleveland personal injury attorneys will make sure your rights are protected and you can move on. To find out more about your injury claim, call KNR at 1-800-HURT-NOW to schedule a free consultation.
