Ohio Work Injury Lawyers | Kisling, Nestico & Redick

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Legal Help for the Injured

Ohio Work Injury Attorneys

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.

We Make Life Easier After a Work Injury

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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How Ohio Workers’ Compensation Claims Work

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:

  • 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.

Filing an Ohio Workers’ Compensation Claim and the One-Year Deadline

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.

Why Ohio Workers’ Comp Claims Get Denied (and How We Fight Back)

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:

  • Late filing: The claim was not filed within the one-year deadline, or key paperwork was missing.
  • Insufficient medical evidence: The records did not clearly connect the injury or illness to your job duties.
  • Employer dispute: The employer or its administrator argued the injury did not happen at work or was not reported properly.
  • Pre-existing condition arguments: The BWC claimed the injury was caused by a prior condition rather than your work.

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.

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Workers’ Comp vs. Third-Party Claims in Ohio

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.

We’re Close by After a Work Injury

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 also serves Ohio’s rural counties & conducts consultations via Zoom.

Work Accident & Injury Info Center

Types of Ohio Work Injuries

  • Sprains & 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 & 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.
  • Bone Fractures: 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 debilitating, some can impede a bone’s ability to function.
  • Surface Wounds & 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: 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 & 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 & 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.

Fight for Everything You’re Owed

Ohio 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.

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What Are You Entitled to After a Work Accident?

  • Medical costs: This includes your 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, as well as compensation when your income is reduced because of 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.
  • Disfigurement: If a work accident caused significant scarring or disfigured your appearance, you could receive additional compensation.
  • Pain and suffering: The discomfort and suffering you experience is not only physical. We’ll also seek compensation for a work injury’s emotional and psychological consequences.
  • Loss of consortium: Work injuries often affect relationships between partners and spouses. You may be entitled to damages if you cannot enjoy marital relations or have children because of your injuries.

Talk to an Ohio Work Injury Lawyer

Proving Negligence in a Third-Party Work Injury Case

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.

  • Duty of care: The party owed you a duty of care.
  • Breach: The other party breached its obligation.
  • Causation: The breach resulted in your injuries.
  • Damages: You suffered financial and emotional harm.

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What Makes KNR Special?

Serving Ohio for More than 20 Years

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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What Makes KNR Special?

KNR Does More For Injured Workers

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.

Our Work Injury Lawyers Will:

  • Investigate, collect evidence, and find those at fault.
  • Interview witnesses, medical professionals, and industry experts.
  • Communicate with the insurer, clarify liability, and pursue the max.
  • Determine your work injury’s full and fair value, what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Frequently Asked Questions About Ohio Workers’ Compensation

How long do I have to file a workers’ compensation claim in Ohio?

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.

What should I do if my Ohio workers’ comp claim is denied?

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.

Can I sue my employer for a work injury in Ohio?

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.

What benefits can I receive through Ohio workers’ compensation?

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.

Do I need a lawyer for an Ohio workers’ compensation claim?

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.

Call 1-800-HURT-NOW