Getting injured at work isn’t part of the job description, and workers’ compensation doesn’t always play in your favor. At Kisling, Nestico & Redick, we’ll help you file a claim or appeal one that’s been denied when the system failed you. They may not have your back, but we do.
Ohio Work Injury Attorneys
Ohio workers’ compensation is a no-fault system that covers medical costs and a portion of your lost earning capacity when you become either temporarily or permanently disabled by a job-related injury or illness. However, workers’ compensation does not always cover all of your costs.
Depending on the cause of your injury, 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 on behalf of injured or sick workers to appeal unfair denials and to 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.
Call us today at 1-800-HURT-NOW, or use our web contact form, to schedule a free appointment to discuss your case and learn how we can help you.
Ohio Workers’ Comp Claims
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.
In order to receive benefits, you must demonstrate that your injury or illness:
- Happened in the course of your employment — This means your injury or illness happened or developed while you were performing work-related duties; and
- Arose from your employment — This means your injury or illness was caused by some factor related to your job
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:
- Medical benefits
- Lost wages
- Disability payments
- Retraining or rehabilitation benefits
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.
Sometimes a work-related injury may be caused by the negligence of a person or company unrelated to your employer. Say you’re a pizza delivery driver on your way to deliver a pizza to a customer. You’re driving at a lawful speed and obeying traffic signals, but another driver runs a red light and broadsides you. You end up hospitalized with a broken leg that leaves you unable to drive for a prolonged period of time while your leg is in a cast.
In that scenario, you may be able to collect workers’ compensation benefits if you can demonstrate that your injury happened in the course of your employment and arose from your employment. However, you may be able to obtain additional compensation through a lawsuit against the driver who caused your crash.
In legal terms, that other driver is a “third party.” Through a lawsuit against a negligent third party, you may be able to receive compensation.
Workers Comp Vs.Third-Party Lawsuits
Sometimes a work-related injury may be caused by the negligence of a person or company unrelated to your employer. Say you’re a pizza delivery driver on your way to deliver a pizza to a customer. You’re driving at a lawful speed and obeying traffic signals, but another driver runs a red light and broadsides you. You end up hospitalized with a broken leg that leaves you unable to drive for a prolonged period while your leg is in a cast.
In this scenario, you may be able to collect workers’ compensation benefits if you can demonstrate that your injury happened in the course of your employment and arose from your employment. However, you may be able to obtain additional compensation through a lawsuit against the driver who caused your crash.
In legal terms, that other driver is a “third party.” Through a lawsuit against a negligent third party, you may be able to receive compensation
Work Injury Issues & Questions
At Kisling, Nestico & Redick, our experienced lawyers have handled virtually every type work accident claim and can assist with every aspect of your case.
What Can We Help With?
Common Ohio Work Accidents
Types of Ohio Work Injuries
At Kisling, Nestico, & Redick, we represent many Ohio employees who have sustained a variety of work accident injuries. Some of the most common work accident injuries we see include:
Sprains and Strains
The leading cause of sprains and strains in the workplace is overexertion. However, sprains and strains can also occur from improper lifting, pushing, or pulling. Although these injuries aren’t as serious as others, they may still result in time away from work.
Cuts and Lacerations
Lack of established safety procedures, improper training, clutter, debris, poor lighting, contact with nails and hand tools with blades can all lead to cuts and lacerations at work. While they are not usually life-threatening, cuts and lacerations can trigger serious consequences.
Motor vehicle collisions, slips and fall accidents, falling objects, and equipment malfunctions can all cause bone fractures in the workplace. Even though all bone fractures are painful and deliberating, some can impede a bone’s ability to function.
Surface Wounds and Bruises
Although many wounds and bruises are minor, some may be serious and force an employee to miss work. Car accidents, slips and falls, and the misuse of machinery, tools, or sharp objects may all prompt these serious wounds and bruises.
Back injuries are common in the workplace. While they are usually triggered by repetitive twisting, bending, or lifting, poor posture, or fatigue, back injuries can also stem from falls from heights or slips and falls.
Repetitive Strain Injuries
Repetitive strain injuries occur when employees perform repetitive tasks in manufacturing, construction, and other similar industries. Although repetitive strain injuries are typically associated with the back, they can also hurt wrists, knees, and other body parts. Carpal tunnel syndrome is a common repetitive strain injury caused by repetitive motion.
Brain and Head Injuries
Brain and head injuries often lead to temporary or permanent disability. These types of injuries are extremely severe and may be caused by a motor vehicle crash, explosion, fall, or getting struck by an object. Employees who suffer from a brain or head injury may face a decline in their cognitive function which may hinder their ability to return to work.
Vision and Hearing Injuries
Vision and hearing injuries are some of the most challenging work-related injuries to cope with. Vision and hearing loss can make it impossible for an employee to interact with others at work. These types of injuries may be caused by car accidents, slip and fall accidents, loud noise exposure, chemical exposure, and explosions.
Work Injury Compensation
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.
- Medical costs: This include you medical bills, the cost of traveling to and from doctor’s appointments, in-home care, at-home medical supplies, prescription drugs, physical rehabilitation, mental health treatment, and more.
- Loss of income: Wages you lost while recovering and well as compensation for your income being lower limited physical capabilities.
- Disability: Some work injuries result in temporary or permanent disability. Depending on your physical limitations, you could be entitled to additional compensation.
- Disfiguremen: If a work accidnet caused significant scarring or disfigured your appearance, you could receive additional compensation.
- Pain and suffering: The discomfort and suffering you experience is no only physical. We’ll also seek compensation for the emotional and psychological consequences of a work injury.
- Loss of consortium: Work injuries often affect relationships between partners and spouses. If you cannot enjoy marital relations or have children because of your injuries, you may be entitled to damages.
Proving Liability in a Workplace Injury
Proving liability is a critical factor in any work injury lawsuit. If you intend on suing a third party for negligence, you’ll need to show how they are at fault for your workplace accident.
Negligence is a breach of a duty of care, which leads to you suffering harm. To establish negligence occurred, you need to show four elements:
- The Party Owed You a Duty of Care
- The Other Party Breached it’s Obligation
- The Breach Resulted in Your Injuries
- You Suffered Financial and Emotional Harm.
Contact a Skilled Work Injury Lawyer
At Kisling, Nestico & Redick, our Ohio personal injury lawyers have more than 500 years of combined experience helping people who have suffered serious injuries to obtain compensation for medical expenses, lost income, and other types of losses. We have significant experience with workers’ compensation claims and appeals that includes detailed knowledge of Ohio workers’ compensation laws and regulations, and the best strategies for making or appealing a claim.
We understand how devastating it can be to suffer a job-related injury or illness — especially when it leaves you unable to earn an income 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.
To schedule your free appointment, call us at 1-800-HURT-NOW or use our web contact form. Our Ohio work injury lawyers are ready to help with your work injury case.