Questions from the Average Joe: Workers’ Compensation ll

by NPHM | June 24th, 2020

Q: I travel for work and I was injured out of state. Where should I file my workers’ compensation claim?

A: Though many legal issues should usually be dealt with within the state in which they occurred (to put it simply—the detailed answer is much more complex), workers’ compensation does not follow this rule. Generally, you are covered under workers’ compensation in the state where you are based for work, which is typically the state in which you live. Many jobs include travel and create the possibility for injury all over the country. Thankfully though, you’ll be able to handle your workers’ compensation claim from home and won’t need to return to the state where the injury occurred.

If you live and work in Ohio but were hurt while working out of state, you will still file your claim with the Ohio Bureau of Workers’ Compensation. No matter where you were hurt, an experienced Ohio workers’ compensation attorney can help you through the claims process and make sure you get everything you are entitled to as a result of your work-related injury.

Image of someone with a bandaged armQ: I was hurt because my job didn’t follow OSHA safety standards. Don’t I deserve more than a typical workers’ compensation award as a result?

A: The workers’ compensation system exists as a form of no-fault insurance. No matter who caused your injury, you are entitled to your benefits and to have your medical bills paid. Though this is great news if you were injured as a result of your own negligence at work, it can be frustrating when you were hurt as a result of your employer cutting corners regarding safety standards. Thankfully, when your employer commits regulatory violations that lead to injury, there actually is the possibility for an additional award beyond the basic payment for time off and medical bills available to everyone. These awards must be specifically applied for and they still go through the Bureau of Workers’ Compensation—there is not an option for a separate lawsuit.

But, if you were hurt as a result of your employer’s negligence, an experienced workers’ compensation attorney can make sure you get all that you deserve. If your employer’s violation of OSHA standards led directly to your injury, you may be entitled to additional funds that a workers’ compensation attorney can help you obtain.

Q: I was hurt at work last year. At first, I thought I didn’t need a workers’ comp attorney but now my doctor wants me to have a surgery and it was not allowed by the workers’ compensation administration. Is it too late to hire an attorney?

A: Though an attorney can help the initial phase of your workers’ compensation go smoother, it is not a requirement that you hire an attorney immediately. Even so, by the time you’re through with your claim, it’s not uncommon that you’ll find yourself needing one. No need to worry though—though a denial letter can be a scary thing to receive, you still have time to hire an attorney. There is a one-year period in which to file your workers’ compensation claim, but once it’s filed, an attorney can step in at any stage. A denial letter is often the perfect time to hire an experienced workers’ compensation attorney.

With an experienced attorney on your side, an appeal to the denial can be filed, and you’re much more likely to win your appeal if you don’t have to argue it on your own. If you’re in the midst of a workers’ compensation claim and you don’t think you can’t do it on your own anymore, a conversation with an experienced attorney could be the first step you need to take to get the right result.

Headshot of Zachary Belcher, Intake Attorney at Nurenberg, Paris, Heller & McCarthyGet to Know

Zachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process. He understands the stressful and life-altering situations clients face before seeking a personal injury attorney.

Contact Our Ohio Workers’ Compensation Attorneys

The claims process can be complicated, and you may hit some roadblocks along the way. Nurenberg, Paris, Heller & McCarthy can help–contact our workers’ compensation attorney today. 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) 230 – 6352.