Cleveland Workers
Compensation Lawyers

What Our Clients Say

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.

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

A workplace injury can 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.
  
  
• Skin Diseases: Constant contact with irritants or allergens can cause dermatitis, eczema, and other skin conditions.
  
  
• Repetitive Stress Injuries (RSIs): Jobs requiring repetitive motions can lead to carpal tunnel syndrome, tendonitis, and other painful conditions.
  
  
• Hearing Loss: Working in loud environments can temporarily or permanently damage your hearing.
• Asbestosis and Asbestos-Related Diseases: Exposure to asbestos fibers can cause serious lung conditions like asbestosis and mesothelioma.
  
  
• Black Lung Disease (Coal Worker’s Pneumoconiosis): Inhaling coal dust over time can lead to scarring of the lungs, making it difficult to breathe and ultimately lead to death.
  
  
• Poisoning: Certain occupations involve exposure to other toxic substances.
  
  
• Mental Health Conditions: In some cases, extreme workplace stress can lead to severe anxiety, depression, or post-traumatic stress disorder (PTSD).

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.

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. Nurenberg, Paris, Heller & McCarthy can help. Contact our Cleveland workers’ comp lawyers 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) 621-2300 today.

Common Workplace Injuries That Warrant a Legal Claim

From healthcare workers to construction workers, employees in every industry face injury risks on the job. And when they get hurt, they need workers’ compensation benefits to cover their medical bills and support their families.

If you’ve been injured while working, Nurenberg, Paris, Heller & McCarthy can help protect your rights to the compensation you’re owed.

Facing the workers’ compensation system for the first time can be intimidating, but you don’t have to do it alone. At Nurenberg, Paris, Heller & McCarthy, we handle workplace injury and workers’ compensation claims every day, and we have the knowledge and experience to help get your claim approved. Just call (216) 621-2300 or complete a free initial consultation form to get started 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:

• Back and Neck Injuries
  Heavy lifting and repetitive motions can cause painful back and neck injuries that can limit your movement.
  
• Burn and Electrocution Injuries
  Burns from excessive heat, contact with chemicals, or electrocution may require weeks or even months of medical treatment.
  
• Carpal Tunnel Syndrome
  Repeated, minute trauma to hands, fingers, and wrists while working can lead to carpal tunnel syndrome, a painful condition that may require surgery to correct.
  
• Complex Regional Pain Syndrome (CRPS)
  Traumatic injuries to arms, legs, and other extremities can lead to CRPS, a difficult–to–diagnose disease that causes intense, chronic pain.
  
• Fall Injuries
  Falls from roofs, ladders, and raised platforms may cause broken bones, traumatic brain injuries (TBIs), and other painful injuries that prevent you from working.
  
• Psychological Trauma
  Serious physical injuries can lead to extended pain and place life–altering limitations on normal daily activities. The resulting emotional and psychological damage can be even more devastating than the physical injuries themselves.
  
• Repetitive Motion/Trauma Injuries
  Job duties that require workers to repeat the same motions on a regular basis can cause injuries over time, leading to pain, inflammation, and decreased mobility.
  
• Wrongful Death
  Families of workers who suffer fatal injuries on the job have legal rights, and our team can help protect them.

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 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.

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.