We are available for video conferences or in person consultations.

Workers Comp in Ohio: Should you Get an Attorney?

If you get injured at work, it’s fair to assume that your employer will take care of you. You know enough people who have been on workers comp in Ohio that you think you know what you’re doing. You know that you’re supposed to report your injuries right away. You also know that you have to be treated by a state- approved workers comp doctor. And you know that you can’t be under the influence of drugs or alcohol at the time of your workplace accident. What you don’t know is that you have a much better chance of having your claim approved if you hire an Ohio workers compensation lawyer.

Not only does your personal injury attorney in Ohio know the law, but they’re not intimidated by your employer or their insurance company. Nor will they allow either of them to take advantage of you. For example, if you’re not represented by an attorney, there’s always a chance that your employer will deny your claim in the hopes that you won’t press them on the issue. They figure as long as you don’t have a lawyer, you won’t really know what your rights are. This is why we ask people to meet with one of our Ohio workers compensation lawyers as soon as possible after their accident. This gives us a chance to review all the information you have and make sure that your workers comp claim is filed properly.

Here, we will discuss the benefits of having an attorney by your side throughout the workers compensation process. We will also explain what can happen if you don’t have an attorney. If you still have questions about your own workers comp case, feel free to reach out to us directly. You can always go online and schedule your free, initial consultation.

It’s Important that Your Workers Compensation Claim is Filed Properly

Within days of your workplace accident, you’re expected to file your workers compensation claim. All this entails is you going to your human resources director and asking if you can fill out an incident report. Once you’ve filled this report out completely, let your employer know that you need to file a workers compensation claim. Ideally, this will have taken place within minutes of your workplace accident. However, we understand that there are times when your injuries are too serious to worry about paperwork. As long as you make sure the claim form is completed as soon as possible, you shouldn’t face any issues.

If you make any mistakes during the initial filing process, your entire workers compensation claim may be denied. This means that you won’t receive benefits anytime soon. It also means that your medical care may not be covered. Rather than have this happen, you can talk to a personal injury attorney in Ohio and have them help you fill out the paperwork. They will also let your employer know that they represent you and that all communications should go through their office. This puts your employer and their insurance carrier on notice that you have legal representation.

There’s a Chance Your Claim Could Be Denied

If, for some reason, your employer denies your workers compensation claim, you will have the right to file an appeal. Some of the reasons why your claim may be denied include the following:

  • your employer doesn’t believe your injuries occurred at work
  • the insurance company thinks you’re exaggerating your injuries
  • you tested positive on the drug test administered prior to receiving treatment
  • there were no witnesses to your workplace accident
  • your employer sees posts on social media proving that you got hurt on personal time
  • you have a history of filing workers compensation claims

Obviously, every case is different, so there’s no way to know upfront whether your attorney will be successful in your appeal. If the claim is rather large, the insurance carrier may still refuse to pay your claim hoping they can settle for a lesser amount down the road. If this is the case, your Ohio workers compensation lawyer will have no problem filing a lawsuit against your employer.

The Insurance Company and Your Employer Will Try to Take Advantage of You

If you choose to represent yourself in your workers comp case, you may be fighting an uphill battle. The insurance company may deny your claim in the hopes that you’ll walk away without putting up a fight. Or they may offer you benefits, but miscalculate your average weekly wages.

Knowing you don’t have an attorney to advise you otherwise, your employer may force you to return to work before you’re ready. All this will do is exacerbate your injuries and keep you out of work longer. Rather than have this happen, it makes sense to just hire an attorney at the outset.

It may not seem fair that the insurance company would take advantage of you if you don’t have a lawyer. Unfortunately for you, insurance companies are not in the business of paying out claims. If they think there’s a viable basis for denying your claim, they’ll do so. It’s not personal, it’s just business. Why would the insurance company want to payout a claim for thousands of dollars if they don’t have to? if, on the other hand, you have an attorney, they won’t try to take advantage of you like this.

Contact an Experienced Ohio Workers Compensation Lawyer Right Away

If you were hurt on the job and aren’t sure if you need an Ohio workers compensation lawyer, you’re not alone. A lot of our clients come to see us before they ever decide if they want to retain our services. They take advantage of their free, initial consultation and ask as many questions as they can. If they still think they can handle the matter on their own, we may never see them again. However, most of the time, once we explain how the workers compensation process works, people decide they would rather be safe than sorry.

We suggest you contact our office as soon as possible after your workplace accident to schedule your free consultation. There will be no hard feelings if you decide not to move forward with our firm. However, if you have a legitimate case, we will be more than happy to assist you.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association