top of page
  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Workers' Compensation in Ohio

Workers' compensation offers crucial support and legal protections to employees who suffer from workplace injuries or occupational diseases in Ohio.


This system ensures that injured employees receive medical treatment and compensation for lost wages due to workplace accidents. Handling a workers' compensation claim properly can be Complicated.


Hence, in this article, readers can learn how to deal with the Ohio workers' compensation system effectively, ensuring they secure all the benefits they deserve. Schuerger Shunnarah Trial Attorneys can also consult on how to file a lawsuit for premises liability in Ohio.


What Is Workers' Compensation?

What Is Workers' Compensation?


In Ohio, Workers' compensation provides medical benefits and recompenses for lost earnings to employees who suffer injuries at their job sites or develop occupational diseases. This system is designed to help injured workers cover medical costs and lost income without the need to prove fault.


The Ohio Bureau of Workers' Compensation (BWC) plays a central role in managing employees' settlement claims. It ensures that all cases are processed efficiently and the benefits are correctly disbursed.


Alongside the BWC, Managed Care Organizations (MCOs) are also crucial. This organization coordinates and manages the medical care and treatment for injured employees, helping them return to work as soon as possible.


Both the BWC and MCOs work together to streamline the claims process, from the first medical assessment to the distribution of all the benefits entitled to the injured workers.


Eligibility and Coverage


Workers' compensation in Ohio provides essential support for employees who experience workplace accidents or develop job-related illnesses. For more information, Toledo workers compensation attorneys may be able to help.


Who Is Eligible?

Nearly all types of workers, including full-time, part-time, and seasonal employees, are eligible for workers' compensation in Ohio. The system is designed to ensure that anyone injured on the job or suffering from an occupational disease can receive support.


Employers are required to have workers' compensation insurance, which covers these employees and ensures they can file a settlement claim if needed.


Types of Covered Injuries and Conditions

Naturally, the Ohio workers' compensation system covers a range of injuries and health conditions that arise due to workplace activities:


  1. Acute injuries: This includes damages from workplace accidents, such as falls or equipment-related harm.

  2. Chronic conditions: Conditions developed over time, such as repetitive stress injuries or respiratory diseases due to exposure to harmful substances.

  3. Occupational diseases: Diseases that are prevalent in certain industries due to the nature of the work are also covered.


The system ensures that medical treatment and compensation for lost wages are addressed, helping injured workers focus on recovery without the stress of financial burden.


How to File a Lawsuit for Workers' Compensation in Ohio


Navigating the process of filing a workers' comp claim in Ohio requires understanding the steps and the procedure for submitting a claim form effectively.


Initial Steps to File a Workers' Comp Claim

When a workplace injury occurs, the first actions are critical for setting the foundation of a workers' compensation claim. An injured worker must:


1. Employees Should Report the Injury

The workers need to inform the employer about the damage immediately. This not only ensures legal compliance but also initiates the employer's obligation to report the incident to the Ohio Bureau of Workers' Compensation (BWC).


2. Workers Should Seek Medical Diagnosis

Prompt medical attention is crucial, not only for health reasons but also to secure a medical report, which is a vital document for the claims process. This report should detail the nature of the injury and the anticipated treatment, serving as a basis for the claim.


3. Document Everything

Workers need to keep thorough records of all medical treatments, communications with the employer, and any other details related to the workplace injury. Such documentation supports the claim by providing evidence of the injury and subsequent expenses.


Filing the Claim

Once the initial steps are completed, the actual filing of the workers' compensation claim begins.


1. Employees Can Obtain and Fill out the Claim Form

The injured worker or a designated representative must fill out the claim form, officially known as the First Report of Injury (FROI). This form is available from the employer, the managed care organization (MCO), or directly from the BWC. It requires detailed information about the workplace accident, the injury, the wounded worker, and the employer.


2. Submitting the Claim Form

Next, the completed claim form can be submitted online, by mail, or through a customer service representative at the BWC. Each method ensures that the claim reaches the BWC for processing.


3. The Role of BWC Staff and Customer Service Representatives

Once the claim is submitted, BWC customer service representatives are crucial in guiding the injured worker through the process. They help clarify any confusion, provide updates on the claim status, and explain the available workers' compensation benefits.


The BWC staff also reviews the claim to determine eligibility and ensure that all necessary documentation is in order. Throughout the process, it is crucial for workers to maintain open communication with their employer and the BWC.


Involving an attorney can further ensure that the claim is processed smoothly, as they can provide expert guidance and advocate on behalf of the injured worker. This helps secure maximum compensation for medical costs and lost earnings due to workplace injury.


Dealing with Denials and Appeals


When an Ohio workers' compensation claim is denied, the injured worker has the option to petition the decision. The first step in this process is to file an appeal with the Industrial Commission of Ohio, usually within 14 days from the receipt of the denial notice.


Now, the appeal process involves several stages - starting with a hearing at the district level and potentially progressing to higher levels if needed. If a workplace accident involves a third party who is responsible for the injury - someone other than the employer - workers can pursue a third-party claim.


This allows the injured worker to seek compensation directly from the third party whose negligence or action contributed to the injury. These third-party claims are handled separately from the workers' comp claim and typically require the injured employee to prove the third party's liability.


Why Legal Expertise Matters in Workers' Comp Claims

Why Legal Expertise Matters in Workers' Comp Claims


Workers' compensation cases often involve complex laws and procedures that can be challenging to navigate without expert guidance. Legal assistance ensures that an injured worker understands their rights, holds the employer accountable, and secures all entitled benefits, including those for medical expenses and lost earnings.


Schuerger Shunnarah Trial Attorneys specializes in Ohio workers' compensation claims to help clients achieve maximum compensation. With our expertise, injured workers are well-supported throughout their employees' settlement cases. They can also advise on how to file a lawsuit for wrongful death in Ohio.


We at Schuerger Shunnarah Trial Attorneys stand strong behind our motto, "We go to war for you," and we make sure that our clients receive the strong representation needed to obtain the full range of benefits they deserve.


Final Thoughts


Filing a workers' compensation claim in Ohio involves critical steps that ensure injured employees receive the necessary support and benefits. The process can be daunting, from the initial injury report to the employer to navigating complex third-party claims.


Schuerger Shunnarah Trial Attorneys provides expert guidance through every phase of a workers' compensation case, helping our clients understand and assert their rights.


We are ready to assist anyone facing challenges with their workers' comp claims. Victims can call us today for dedicated support and a free consultation.

Comments


bottom of page