KNR guides injured workers and fights for maximum compensation.
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Asistencia jurídica para las víctimas de lesiones
An Ohio workers’ compensation lawyer can be the difference between a denied claim and the benefits you are owed. Ohio workers’ compensation is a no-fault system run through the Ohio Bureau of Workers’ Compensation (BWC) that covers medical costs and a portion of your lost earning capacity after a job-related injury or illness. But workers’ compensation does not always cover all of your costs. You may be able to make a third-party claim against a person or company outside of your employer. A third-party work injury claim can be made in addition to your workers’ compensation claim.
A dedicated and experienced Ohio workers’ compensation lawyer at Kisling, Nestico & Redick can help. Our attorneys have a track record of fighting for injured or sick workers to appeal unfair denials and obtain the compensation they are due. We have a detailed understanding of the complex laws and regulations that apply to Ohio workers’ compensation and third-party claims and how to make strong arguments on your behalf.
At Kisling, Nestico & Redick, our lawyers have more than 750 years of combined experience helping obtain compensation for medical expenses, lost income, and other types of losses. We have significant experience with workers’ compensation claims and appeals, including detailed knowledge of Ohio workers’ compensation laws and regulations and the best strategies for making or appealing a claim.
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Under Ohio law, you may have a right to receive workers’ compensation benefits for your on-the-job injury or occupational illness. Ohio does not require you to prove that your employer was negligent or at fault for causing your injury or illness, or to sue your employer in order to receive benefits.
To receive benefits, you must demonstrate that your injury or illness:
These two things can be complicated to prove, depending on the circumstances of your illness. Our Ohio workers’ compensation attorneys know how to gather the medical documentation and other evidence to support your claim and make strong arguments to the Industrial Commission to support why you are owed benefits.
Through a successful workers’ compensation claim, you may be able to receive:
Additionally, if you’re the surviving spouse or child of someone who died in a work-related accident or because of a work-related illness, you may be eligible to receive death benefits to compensate you for your loss.
Most Ohio workers’ compensation claims start with a First Report of Injury (FROI) filed with the Ohio Bureau of Workers’ Compensation. You, your employer, your doctor, or your attorney can file it, and it formally opens your claim with the BWC so your medical treatment and wage benefits can be authorized.
Timing matters. Under Ohio Revised Code 4123.84, you generally have one year from the date of your injury to file a workers’ compensation claim. That deadline was shortened from two years to one year for injuries on or after October 1, 2017, so it is easy to run out of time if you wait. Claims for occupational illnesses follow a different timeline, because the harm often develops slowly and may not be diagnosed until long after the exposure. If you are unsure how the Ohio statute of limitations applies to your situation, talk to a lawyer before assuming it is too late.
If the BWC denies or disputes your claim, you are not out of options. You can appeal through the Industrial Commission of Ohio, which reviews claims at the district and staff hearing levels and, in some cases, before the full commission. Our attorneys handle the workers’ compensation claims process from the first filing through every level of appeal.
A denial does not mean your injury was not real or work-related. Ohio workers’ comp claims are commonly denied for reasons that have nothing to do with the seriousness of the injury, including:
When that happens, the fix is usually stronger evidence and a well-built appeal, not giving up. We gather the medical documentation, line up the right expert opinions, and present your case at hearing so the facts are clear. If you need to appeal a denied claim, the sooner you involve an attorney, the more options you have.
It helps to understand the two different paths to recovery after a work injury, because they work very differently.
A workers’ compensation claim is a no-fault BWC benefit. You do not have to prove anyone was negligent, and in exchange the system pays defined benefits: medical treatment, a portion of lost wages, and disability or rehabilitation benefits. It does not pay for pain and suffering, and in most cases you cannot sue your employer directly.
A third-party claim is different. When someone other than your employer caused your injury, you may be able to file a fault-based lawsuit against that person or company in addition to your BWC claim. Say you are a pizza delivery driver obeying every traffic law when another driver runs a red light and broadsides you, leaving you hospitalized with a broken leg. You may collect workers’ compensation benefits because the injury happened in the course of and arose from your employment, and you may also pursue the at-fault driver. That negligent driver is a “third party,” and a third-party work injury claim can recover damages that workers’ comp does not, including full lost earnings and pain and suffering.
Our statewide practice is designed to help victims make it through the workers’ compensation claims process. With 12 Ohio locations, KNR is a call or click away.
*KNR también presta servicio a los condados rurales de Ohio y ofrece consultas a través de Zoom.
Lucha por todo lo que te corresponde
Our attorneys can explain in detail the types of benefits that may be available to you in compensation for a work-related injury or occupational illness.
Talk to an Ohio Work Injury Lawyer
Proving liability is a critical factor in any work injury lawsuit. If you intend to sue a third party for negligence, you will need to show how they are at fault for your workplace accident.
To establish that negligence occurred, you need to prove four elements. Picture the pizza-delivery crash above: the other driver owed every motorist a duty to drive safely, breached it by running a red light, that breach directly caused your broken leg, and you suffered real financial and emotional harm as a result.
Accidentes laborales
A nuestro cliente, de 29 años, se le cortaron las puntas de tres dedos cuando se le quedó la mano atrapada en un…
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¿Qué hace que KNR sea especial?
Desde nuestra fundación en 2005, Kisling, Nestico & Redick se ha dedicado a ayudar a las víctimas de lesiones personales a luchar por la indemnización que se merecen cuando un accidente afecta a su estilo de vida. Hemos ayudado a más de 10 000 personas y estamos dispuestos a seguir luchando por los habitantes de Ohio y por cualquier persona que merezca una indemnización por sus reclamaciones por lesiones personales.
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Ponte en contacto con KNR¿Qué hace que KNR sea especial?
We understand how devastating it can be to suffer a job-related injury or illness — especially when it leaves you unable to support yourself or your family. Our goal is to guide you through the system with compassion and to fight to see that you receive the benefits and compensation that can help make you whole.
For most work injuries on or after October 1, 2017, you have one year from the date of injury to file your claim under Ohio Revised Code 4123.84. That deadline was shortened from two years, so it is easy to miss if you wait. Occupational disease claims follow a different timeline because the illness often develops gradually. When in doubt, file as soon as possible and talk to a lawyer.
A denial is not the end of your claim. You can appeal through the Industrial Commission of Ohio, which reviews claims at the district and staff hearing levels. The most effective appeals are built on stronger medical evidence and clear testimony connecting your injury to your job. Our attorneys gather that proof, prepare you for the hearing, and argue your case at every level.
In most cases, no. Ohio’s no-fault BWC system pays defined benefits in exchange for protecting most employers from direct injury lawsuits. However, if someone other than your employer caused your injury, such as a negligent driver, contractor, or equipment maker, you may be able to file a third-party lawsuit against that party in addition to your workers’ compensation claim.
A successful claim can pay for medical treatment, a portion of your lost wages, disability payments, and retraining or rehabilitation benefits. If a worker dies from a job-related injury or illness, surviving spouses and children may be eligible for death benefits. Workers’ compensation does not pay for pain and suffering, which is one reason a third-party claim can matter.
Not every claim needs an attorney, but you should strongly consider one if your claim is denied, delayed, or disputed, or if you have a serious or permanent injury. A lawyer can also help when your employer challenges your claim or when a third party may share fault. KNR works on a contingency basis, so there is no upfront cost and no fee unless we recover for you.
