If you get injured on the job in Franklin County or elsewhere in Ohio, you may be eligible for workers’ compensation insurance benefits. These benefits cover medical expenses and indemnity payments including lost wages for employees who sustain injuries while working, regardless of who was at fault for the accident.
To get started with a free consultation about your case, contact the law firm of Ross, Midian & Breitmayer, LLC. One of our experienced Ohio workers’ comp attorneys will review the circumstances of your injury and walk you through the process of seeking the benefits you need.
Workplace injuries can vary greatly, depending on the type of work you perform and the hazards you’re exposed to. Some of the most common injuries our lawyers see among Ohio workers include:
| On-the-Job Injury | Common Cause |
|---|---|
| Back and spine injuries | Caused by lifting heavy objects or slipping and falling |
| Traumatic brain injuries | Caused by falls from height or falling objects |
| Repetitive stress injuries | Caused by repeatedly performing the same motions |
| Burn injuries | Caused by fires, contact with hot surfaces, electrocutions, and chemical exposure |
| Fractured and crushed limbs | Caused by working with heavy machinery |
| Internal organ damage | Caused by work-related vehicle accidents |
Some workers may also acquire work-related illnesses. These are illnesses workers acquire because of exposures they encounter while performing their job duties. Examples of occupational illnesses include mesothelioma after years of asbestos exposure or coal workers’ pneumoconiosis after working in mines.
Only employees are eligible to receive workers’ compensation benefits in Ohio, provided their injury occurred while they were working. In the case of a fatal work injury, the employee’s spouse and minor children can be eligible for benefits.
Independent contractors are typically not covered by workers’ compensation unless they can show that their employer misclassified them as such. However, independent contractors can sue their employers for job-related injuries, unlike employees. Workers’ compensation is an “exclusive remedy.” That means that, in exchange for the ability to get benefits without having to prove someone caused their injury, injured workers cannot sue their employer for work injuries in most cases.
Ohio’s workers’ compensation system provides several types of benefits to injured workers and their families, depending on the severity of the injury.
Medical benefits provide compensation for all reasonable and necessary treatment related to your work injury. This includes covering surgeries, hospital stays, medical devices, prescription medications, physical therapy, and other treatments.
If your injuries prevent you from working at all, you can receive wage loss benefits after a short waiting period. The benefit amount is set by state law and is at one rate for the first 12 weeks of your disability and a lesser rate thereafter. Temporary total (TT) benefits may end in various circumstances, such as returning to work or reaching Maximum Medical Improvement (MMI).
If you lose the use of a body part in a workplace accident, loss of use benefits cover a portion of your pre-injury average weekly wage and are based on the portion of the body lost. For example, the loss of a thumb provides you with 60 weeks of compensation, the loss of a hand is 175 weeks of compensation, and the loss of a foot is 150 weeks of compensation. This compensation is typically paid out as a lump sum.
If you become partially disabled (permanently or temporarily), you can receive partial disability benefits as established by state laws. It is best to discuss your options with a workers’ compensation law because these laws can be complicated and vary according to individual circumstances.
If your injuries prevent you from returning to work permanently, if benefits are awarded, they continue for your lifetime. However, this compensation may be reduced by other disability benefits you receive, such as if you begin taking Social Security disability.
If your loved one died due to injuries they sustained on the job, you may be able to recover benefits if you are their spouse, minor child, or other dependent.
Spouses can continue receiving death benefits until their death or remarriage. Other dependents can receive death benefits until they:
Employees who have missed fewer than seven days of work due to their injury are not eligible to receive wage loss benefits. However, they can receive medical benefits starting on the first day of their injury.
Additionally, even if an injured worker misses eight or more days of work due to their injury, they cannot receive back pay for the first seven days unless they miss at least two weeks of work.
These limitations on recovering disability benefits can significantly impact the compensation you could receive if your injury doesn’t prevent you from working for 14 consecutive days. In some cases, your employer or their insurer may try to pressure you to return to work before you or your treating doctor believes you are ready.
A workers’ compensation lawyer from our Columbus-based law firm can help by handling all correspondence between you and your employer and their insurer while you remain out of work recovering from your injury.
In Ohio, injured workers have one year to file a workers’ compensation claim regardless of whether they sustained a workplace injury or occupational illness. This one-year time limit also applies to families filing claims after the work-related death of their loved ones.
In addition to the injured worker or their surviving family members, other parties can also file a claim on the workers’ behalf. These parties include:
An Ohio workers’ comp attorney can assist with your claim in a wide variety of ways that can reduce your stress and maximize your compensation. Some of the key ways our law firm can help are:
If you sustained injuries on the job in Franklin County or elsewhere Ohio, contact Ross, Midian & Breitmayer, LLC, for a free consultation with one of our skilled workers’ compensation lawyers. Our firm has recovered millions for our injured clients, and we’re prepared to put our experience to work helping you seek the compensation you and your family need.
We understand that no two cases are alike, which is why we take a personalized approach to each case we handle, including those that many other firms overlook. When you need a law firm that’s straightforward, approachable, and deeply committed to its clients, you need Ross, Midian & Breitmayer, LLC. Call us today.
