Workers’ Compensation

You Have Rights—We’ll Fight for You

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Work-related injuries can be devastating, resulting in lost wages, medical bills, and rehabilitation expenses. In a city like Cleveland, which is home to thousands of manufacturing, healthcare, and service industry workers, on-the-job injuries are unfortunately all too common.

Whether you’re employed at one of the city’s major hospitals like the Cleveland Clinic or University Hospitals, working in construction along I-90 or downtown development projects, or part of the manufacturing workforce that has long been the backbone of Northeast Ohio’s economy, the risk of workplace accidents is real.

At Nurenberg, Paris, Heller & McCarthy, our workplace injury lawyers believe every person has the right to work in a safe environment and receive fair compensation for his or her injuries. If you’re suffering from an on-the-job injury anywhere in Cleveland or the surrounding communities, we’re here to help you pursue the benefits you need to recover and move forward.

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Injured on the Job? Our Cleveland Workers’ Compensation Lawyers Can Help

Whether you’re filing for workers’ compensation benefits or considering filing an injury claim after a serious workplace injury, our workplace injury lawyers will help you determine the best path toward compensation.

We know how devastating these injuries can be, and we also understand that workers often have more options for compensation than they realize. We can help you if:

  • You’re filing a workers’ compensation claim for the first time.
  • You’ve been denied workers’ compensation and are appealing your claim.
  • You suffered a work-related injury but aren’t covered by workers’ compensation.

In some cases, workers’ compensation benefits are the best path toward getting the payment you need. In other situations, a third-party liability claim might increase your chances of getting the compensation you’re entitled to.

Our Cleveland work injury lawyers know the law, and we can help you determine the best path for you and your family. We help injured workers throughout Ohio. Contact us today for a free, confidential case assessment.

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Denied Workers’ Comp? Don’t Let That Stop You

A workplace injury can be burdensome, leaving you with medical bills, lost wages, and physical pain. Workers’ compensation is supposed to provide a safety net in these situations. But what happens if your claim gets denied? Here, we’ll explore common reasons for denials and the steps you can take to fight back through the appeals process in Ohio.

Steps You Can Take to Appeal a Denial in Ohio:

  • Understand the Reason for Denial: Obtain a copy of the denial letter from the Bureau of Workers’ Compensation (BWC) to identify the specific reason your claim was rejected.
  • Act Quickly: There is a strict deadline for filing an appeal in Ohio (14 calendar days). Don’t miss this crucial window.
  • Gather Additional Evidence: This might include medical records, witness statements, or workplace safety reports that strengthen your case.
  • Seek Legal Guidance: An experienced attorney can explain the appeals process, ensure proper paperwork is filed, and represent you at hearings.
  • Prepare for a Hearing: The appeals process involves presenting your case to the Industrial Commission of Ohio. An attorney can help you prepare arguments and evidence.

By following these steps, you can increase your chances of successfully appealing a workers’ compensation denial and securing the benefits you deserve.

Common Reasons for Workers’ Compensation Denial:

  • Missed Deadlines: Ohio has strict time limits for filing a workers’ compensation claim. Missing these deadlines can automatically disqualify you.
  • Lack of Evidence: The burden of proof lies with you to demonstrate that your injury occurred at work and arose from your job duties. Missing medical records or unclear connections between the injury and your work activities can lead to denial.
  • Disputed Injury Severity: The Bureau of Workers’ Compensation may disagree with the extent of your injury or the need for ongoing medical treatment.
  • Pre-Existing Condition: If you had a pre-existing medical condition, it may be argued that the condition contributed to your current injury, leading to a reduction or denial of your benefits.
  • Employer Disputes the Claim: In some cases, your employer may contest your claim, arguing the injury did not happen on the job or resulted from your own negligence.

If you face a workers’ compensation denial, don’t give up. Understanding the reasons for denial and taking the necessary steps to appeal can help you secure the financial support you need during your recovery.

Workers’ Comp vs. Personal Injury Lawsuit

After a work injury, trying to understand the legal landscape can be beyond challenging. You might wonder: should I pursue a workers’ compensation claim or a personal injury lawsuit? This section will break down the key differences between these two options and help you understand which path might be right for your specific situation.

Workers’ Compensation:

  • No-Fault System: Benefits are available regardless of who caused the accident.
  • Coverage: Workers’ comp covers medical bills, lost wages due to missed work, and permanent disability benefits in severe cases.
  • Faster Process: It’s generally quicker to receive benefits through workers’ comp compared to lawsuits.
  • Limited Compensation: However, workers’ comp doesn’t typically cover pain and suffering or non-economic damages.

Personal Injury Lawsuit:

  • Requires Fault: You must prove a third party was negligent and caused your injury.
  • Potentially Higher Compensation: You can recover for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.
  • Longer Process: Lawsuits can take months or even years to resolve.

Here’s a quick guideline to help you decide:

  • If your injury was caused by a workplace accident or repetitive work activity, and you don’t need to sue a third party, workers’ compensation might be the better option.
  • If your injury resulted from negligence by someone other than your employer (like a faulty product or dangerous property conditions), or you want to seek compensation for pain and suffering, a personal injury lawsuit might be a better fit.

However, it’s always advisable to consult with an attorney to discuss your specific situation and determine the best path forward.

Workers’ Compensation and Occupational Illnesses

Not all work injuries are immediate. Often, the effects of your job can build up over time, leading to long-term health problems. Workers’ compensation can cover occupational diseases and illnesses, including some of these common qualifying conditions below:

  • Respiratory Illnesses: Exposure to dust, fumes, or chemicals can lead to diseases like asthma, chronic obstructive pulmonary disease (COPD), and even lung cancer. In Cleveland, manufacturing plants, steel facilities, and even ongoing construction projects near downtown and the Flats can increase the risk of developing job-related respiratory conditions.
  • Skin Diseases: Constant contact with irritants or allergens can cause dermatitis, eczema, and other skin conditions. Workers in Cleveland’s healthcare sector—including those at the Cleveland Clinic or University Hospitals—often face daily exposure to cleaning agents and latex products that can trigger these conditions.
  • Repetitive Stress Injuries (RSIs): Jobs requiring repetitive motions can lead to carpal tunnel syndrome, tendonitis, and other painful conditions. Office employees across the Cleveland metro area, as well as factory and warehouse workers in nearby suburbs like Parma and Brook Park, are especially at risk.
  • Hearing Loss: Working in loud environments can temporarily or permanently damage your hearing. Employees in Cleveland’s industrial corridors, or those working at Hopkins International Airport, frequently encounter high noise levels that put them at risk for hearing damage.
  • Asbestosis and Asbestos-Related Diseases: Exposure to asbestos fibers can cause serious lung conditions like asbestosis and mesothelioma. Cleveland’s older housing stock, public buildings, and industrial sites sometimes still harbor asbestos materials that can endanger construction and demolition workers.
  • Black Lung Disease (Coal Worker’s Pneumoconiosis): While more common in Southeast Ohio, some Cleveland workers in energy and utility industries may also face coal dust exposure that can scar the lungs and cause lifelong breathing problems.
  • Poisoning: Certain occupations involve exposure to toxic substances. Workers in Cleveland’s chemical plants and labs, as well as auto repair shops along Lorain Avenue or in Slavic Village, often handle solvents, heavy metals, or other dangerous substances that can lead to poisoning over time.
  • Mental Health Conditions: In some cases, extreme workplace stress can lead to severe anxiety, depression, or post-traumatic stress disorder (PTSD). From first responders in the Cleveland Police and Fire Departments to healthcare professionals managing high-pressure environments, mental health challenges are a growing concern for the city’s workforce.

This is not an exhaustive list. If you don’t see your condition on the list and you believe your illness may be related to your work environment, consult with a doctor. Then, contact an attorney to discuss your eligibility for workers’ compensation.

Available Benefits to Injured Workers in Ohio

Workers’ compensation benefits are designed to cover an injured worker’s medical costs, lost wages, and vocational rehabilitation expenses (if applicable).

Depending on the severity of your injuries, the Ohio workers’ compensation benefits you may be eligible for include:

  • Temporary Total Disability
    This benefit is payable to injured workers to replace their lost income while recovering from their injuries. Benefits may be granted when a physician of record determines that a worker’s injuries prevent him or her from returning to his or her former position of employment on a temporary basis.
  • Wage Loss Benefits
    Wage loss benefits are meant to compensate an injured worker for any reduction in earnings that result from restricted capacity due to limitations applied by his or her physician of record for injuries sustained in the claim.
  • Permanent Partial Disability Benefits (PPD)
    PPD benefits are available when a certain percentage of a worker’s injuries are expected to remain permanent—or an injury is not expected to fully heal—based on medical examination and review.
  • Permanent Total Disability (PTD)
    If an injured worker is permanently unable to return to the workforce, PTD benefits compensate the injured worker for the loss of his or her earning capacity. Compensation for PTD is payable for life.
  • Disabled Workers’ Relief Fund (DWRF)
    DWRF is a supplemental fund that provides relief to an injured worker who is already receiving PTD benefits, but receives less than state-mandated minimum benefit levels. DWRF provides an annual cost of living adjustment for an injured worker.
  • Facial Disfigurement (FD)
    FD is a one-time award given to a worker who has suffered facial disfigurement that has the potential to hinder his or her ability to return to work in the same capacity. The maximum amount payable is $10,000.

There are many legal options and complexities involved in workers’ compensation cases, and you may be eligible for additional benefits.

Don’t face this difficult time alone. Get the help of an experienced Ohio workers’ compensation attorney on your side. Contact Nurenberg, Paris, Heller & McCarthy today—we’ll handle the details of your workers comp case so you can focus on your recovery.

Support Groups for Injured Workers in Cleveland

Dealing with a work-related injury on your own can be overwhelming, especially when you’re also dealing with the workers’ comp process. These support groups can be invaluable while you navigate the challenges of applying and appealing.

United Spinal Association of Northeast Ohio
This group provides education, recreational opportunities, and community building for individuals with spinal cord injuries or related disorders. It’s particularly helpful for those who are newly injured, using wheelchairs, or looking for peer mentoring and adaptive-activities in the Cleveland area.

Northeast Ohio Brain Injury Foundation (NEOBIF)
NEOBIF offers monthly support groups for brain injury survivors, caregivers, and family members (for example, their “Heads Up No Boundaries” group meets at Cleveland Clinic Rehabilitation Hospital). They also provide resources and community for those adjusting to life after traumatic brain injury, helping with emotional support, navigating rehabilitation, and connecting with others who understand the journey.

MetroHealth Grief & Trauma Support Group
Based in Cleveland, this group is designed for adults (18+) who have experienced trauma, loss, or identify as victims of crime. Meetings are held both in person and virtually. This group is walk-in friendly, you don’t need to be a MetroHealth patient or give prior notice, and participants may bring a friend or family member for support.

Ohio Workers’ Compensation Laws

Almost all employers in Ohio, with few exceptions, are required by state law to provide workers’ compensation benefits for employees who suffer from work-related illnesses or injuries. According to the Ohio Bureau of Workers’ Compensation (BWC), as an injured employee, you have the right to:

  • A quality independent medical examination when required in your claim
  • Access your records either in person or online
  • Appeal a decision made on your claim to BWC, Ohio Managed Care Organizations (MCO), or the Industrial Commission of Ohio (IC)
  • Be considered for all benefits and rehabilitation services for which you may be eligible
  • Expect prompt, professional, and courteous customer service from all BWC employees
  • Have your approved medical bills paid and not to be billed an additional amount
  • Quickly access high-quality healthcare from any BWC-certified healthcare provider you choose
  • Receive timely payments for the allowed conditions in your claim
  • Represent yourself or hire a lawyer at your own expense. The claims process can be complicated, and you may hit some roadblocks along the way.

Represent yourself or hire a lawyer at your own expense. The claims process can be complicated, and you may hit some roadblocks along the way.”

We can assist you with filing a claim and fight to make sure your employee rights are protected. Fill out a free initial consultation form or call (216) 621-2300 today.

Workplace Injuries We Handle

Our Cleveland, Ohio workers’ compensation lawyers can handle claims related to a variety of on-the-job injuries, such as:

At Nurenberg, Paris, Heller & McCarthy, we know everyone has a job to do, and we believe you have the right to do that job safely. If you were injured at work, we can help ensure you’re treated and have the best possible chance to be compensated for your work injuries. Put our 90 years of experience to work for you.

Frequently Asked Questions About Workers’ Compensation

What is workers’ compensation?

Every employer, with a few exceptions, is required by Ohio state law to provide workers’ compensation benefits for employees who suffer from work-related illnesses or injuries. These benefits are designed to cover lost wages, loss of future earnings, vocational rehabilitation expenses, and medical bills.

Sometimes workers’ compensation claims are rejected, leaving injured workers without the coverage they need. That’s why you need the help of a Cleveland, Ohio workers’ compensation lawyer who knows the legal system and can stand up for your rights as an injured employee.

How does workers’ compensation work?

Depending on the severity of your injury, there are many different kinds of Ohio workers’ compensation benefits available. The process of filing a claim can be complicated, and you may encounter roadblocks along the way. A workers’ compensation attorney from Nurenberg, Paris, Heller & McCarthy can help make sure you receive all the benefits you are owed.

Does workers’ comp pay for lost wages?

Ohio workers’ compensation benefits usually cover lost wages under Temporary Total Compensation (TT) for a person who is unable to return to work on a temporary basis. If you suffer from a permanent total disability (PTD), there are benefits available to help compensate for the permanent loss of your future wages.

How much does workers’ comp pay?

The amount of compensation you are eligible to receive for your work-related accident is determined by the severity and duration of your injuries. A Cleveland workers’ comp lawyer from our firm can help make sure that you receive the maximum amount of compensation possible for your injuries.

How much does a workers’ compensation lawyer cost?

At Nurenberg, Paris, Heller & McCarthy, our Cleveland workers’ compensation attorneys work off of a contingency fee basis—which means that you owe us nothing unless we settle your claim.

What Are Some of the Most Dangerous Jobs in Ohio?

Even when workers are careful to follow safety procedures, injuries can still happen.

At Nurenberg, Paris, Heller & McCarthy, we understand that some jobs are inherently more dangerous than others. We reviewed data from several federal and state agencies to identify the most dangerous jobs in Ohio.

Workers in these fields face a much higher risk of being injured or killed on the job, regardless of how careful they are.

If you or your loved one were injured on the job, you’re not alone. Contact our Cleveland workers’ comp lawyers to find out what rights you may have to compensation.

Occupation 2023 Workplace Fatalities

Transportation and material moving occupations

39

Construction and extraction occupations

26

Management occupations

18

Installation, maintenance, and repair occupations

16

Production occupations

14

Protective service occupations

10

Building and grounds cleaning and maintenance occupations

8

Sales and related occupations

6

Healthcare practitioners and technical occupations

4

Food preparation and serving related occupations

4

Source: U.S. Bureau of Labor Statistics

Contact Our Cleveland Workers’ Compensation Lawyers Today

When a worker suffers an on-the-job injury in Ohio, they have rights. Our Cleveland workers’ compensation and work injury lawyers are here to stand up for those rights. We help injured workers throughout Ohio get the compensation they’re entitled to. Contact us today for a free consultation and to find out how we can help you and your family.

Call 24/7216-621-2300