With a few exceptions, Ohio State Law requires every employer to purchase insurance (or provide documentation that it is self-insured) to pay workers’ compensation benefits to employees who suffer a work-related illness or injury. Injured workers have the following rights when they are injured and must file a claim for compensation. A Toledo workers’ compensation lawyer at Gallon, Takacs, Boissoneault & Schaffer, can ensure fair compensation and due process, such as:
Though there are many different variations of workers’ comp benefits, they basically fall into four categories:
If you suffer a workplace injury – even a minor one – report it to your employer and seek timely medical attention. The claims process begins when the injured worker, medical provider or employer files a First Report of Injury (FROI) with the BWC, either online or by mail. This “first contact” has an overwhelming impact on the final disposition of your claim. So it’s important to contact an experienced Toledo workers’ compensation lawyer to assist you before you submit your FROI. This assures a properly completed submission, which significantly lessens the chances of errors on the form or other improprieties, any of which could lead to your claim being denied.
The BWC will inform you whether your claim is approved or denied within 28 days. Contrary to popular perception, the BWC is a government administration agency. It is NOT your advocate. Think of the BWC as a state-run health insurance company (even if it only manages the compensation that comes from your employer’s private accident insurer). So like the private insurer, its interests often lie more in the employer’s favor than yours.
Because it is financially advantageous to your employer (and its insurer) for your claim to be denied, your employer may dispute it. More claims awarded mean more compensation going out and possibly higher premiums for your employer to pay the insurer. So disputing claims means the BWC has to play the referee to two opposing stories. And that slows the “administrative process,” which any governmental bureaucracy dislikes.
Often the denial is based on technical grounds such as:
If denied, you have the right to appeal, but an appeal must be filed no later than 14 days of your receipt of that denial. A hearing is scheduled before the Industrial Commission (IC), which is supposed to hear you and your employer make your respective cases. This is where your attorney becomes a clear asset to deflect your employer’s claims. It is also likely that after hearing both sides of the matter, the IC will order you to undergo another medical exam before rendering its decision.
Filing a claim for workers’ compensation is intricate, especially when rejected by the BWC or disputed by your employer. Gallon, Takacs, Boissoneault & Schaffer Co., LPA, assists you in all phases of your claim, from filing the initial application, subsequent requests for compensation or treatment, representing you at hearings, and in court, if necessary. Protect yourself and your family. Schedule a free consultation at one of our convenient office locations. Call 567-455-5470 or contact us online.
A special heart felt Thank You to all those who worked on my case. Thank you for your kindness and respect towards me. When you are used to working hard your whole life & making a good living & then you are injured & can no longer do your job, it’s very hard to know what to do or where to turn. With your firm I felt secure that I had someone on my side & someone that was really listening to me. With much appreciation always.
You go above and beyond you assistance to seniors. Thank you!
I love you guys. You took excellent care of me and I am 1000% satisfied.
Your service was excellent. My questions were answered and explained. You were all very courteous and never hurried. I am so grateful and will recommend you to anyone I know who needs a great attorney.
Thank you for your help in my case. You did an exceptional job on a difficult case. I am so grateful.
Keep up the excellent job you do. And you do it better by being such a strong supporter of our community.
My attorney was excellent!! Keep up the great job.
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Hunter suffers shotgun wounds to leg in hunting accident – $300,000 (insurance limits)
Young father and husband suffers crush injuries from defective cornpicker – $475,000
Man struck and killed when bolt breaks on grain auger – $400,000
Fall on black ice at apartment complex and suffers severe and permanent nerve damage – $700,000
Blind man falls on steps at rented property resulting in severe injuries – $450,000
17 year old paralyzed after second floor porch rail fails resulting in fall to concrete below – $400,000 (insurance limits)
$725,000 – Neurosurgeon negligence resulting in permanent injury
$300,000 – Obstetric nurse failed to recognize signs of fetal distress, resulting in the death of the fetus
$275,000 – Family physician negligently failed to treat infection in a patient with prosthetic heart valve resulting in death
Family practice physician failed to recognize and treat MRSA infection, resulting in serious injury for woman requiring skin grafting and permanent need for pain medication – $225,000
$900,000 – Single adult male struck by transit authority bus, resulting in death
$400,000 (sued employer) – Man falls to death at work from fixed ladder that did not meet OSHA safety requirements
$400,000 – Claim for family in electrocution death of 17 year old boy
$400,000 (bankrupt default) – Man crushed to death in giant stamping press when safety switch fails
$2,250,000 – Young husband and father suffers permanent disabling injuries when backed over by a front end loader
$1,000,000 (policy limits) – Man dies following severe burns in steel mill ladle incident –
$750,000 – Man severely injured when pallets that are improperly loaded, fall and strike him in the head
$400,000 – Electrical pole falls at jobsite, causing severe injury
$390,000 – Bolt from cut off steel beam falls from rafter, striking worker below, causing neck injury
$300,000 (bankrupt default) – Man killed on unguarded automatic welding machine
$300,000 – Improperly guarded production line press fires unexpectedly, causing partial loss of three fingers
$265,000 – Man suffers severe ankle and leg fracture following fall from roofing job after employer failed to provide fall prevention safety equipment
$1,000,000 (policy limits) – Retired autoworker suffers leg amputation and severe injury to other leg and arm when semi truck swerves left of center and hits small pickup head on
$650,000 – Construction worker on way to job site critically injured when semi truck overturns on Ohio turnpike entrance ramp
$600,000 – Semi truck runs red light, causing collision and causing arm injuries, multiple surgeries and permanent limitations
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$1,250,000 – Truck pulling equipment trailer fails to yield at stop sign and kills motorcycle rider
$2,440,000 – Truck driver suffers crush injury to foot, when steel falls from loaded trailer
$2,250,000 – Wrongful death of man at construction site due to crane accident
$1,500,000 – Injury at construction site, resulting in broken leg, multiple surgeries and nerve damage
$1,100,000 – Crane failure resulting in death
$800,000 – Construction worker falls to death at steel mill construction project through unguarded opening in catwalk 50 feet off the ground
$700,000 – Crane injury at construction site, resulting in nerve damage
$700,000 – Wrongful death of worker at jobsite by defective crane
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