Can I be Fired for Filing a Workers’ Comp Claim?

Can I be Fired for Filing a Workers’ Comp Claim?

In Ohio, employment is generally considered “at-will,” allowing employers to terminate employees at any time for any reason – with one crucial exception.
 
Written into the Ohio Revised Code Section 4123.90 (paraphrased) states that no employer shall discharge, demote, reassign, or take punitive action against an employee because the employee filed a claim or participated in related activity.
 
If you’ve been fired due to filing a workers’ compensation claim, you may be eligible for reinstatement including back pay.
 
The back pay is offset by subsequent earnings and any payments received for temporary total disability, wage loss, or unemployment compensation.
 
If you weren’t fired outright, but were threatened with demotion or other punitive actions, you can often recover your lost wages offset by the same earnings that we just covered.
 
Retaliatory discharge situations aren’t always cut and dry. Employers seldom directly say, “I’m firing you because you filed a workers comp claim!” Instead, they may find another credible reason for your termination, such as chronic lateness or vague work-rule breach.
 
But if you are injured on the job, don’t be afraid to file a claim. Most employers don’t retaliate, and the protection provided by the claim itself may outweigh job security. Additionally, you may have other legal protections available, including union support, unemployment compensation, and potential lawsuits against your employer. Seeking legal counsel in such situations is advisable.
 
Thomas Marchese, an honored Columbus workers’ comp lawyer, can provide you with valuable insights into your situation. Consider scheduling a consultation.
Do I really need to hire a workers comp lawyer?

Do I really need to hire a workers comp lawyer?

For those injured at work, workers’ compensation is there to help cover medical expenses, lost wages, and other unforeseen expenses. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantages of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

 

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

Having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

What To Do After An Accident At Work

What To Do After An Accident At Work

Accidents can happen anywhere, and the workplace is no exception. Whether you work in an office, a construction site, or a factory, knowing what steps to take after an accident is crucial for your well-being and the integrity of the incident reporting process. If you’ve suffered a job-related injury, here are a few important steps on what to do after an accident at work and how to protect your legal rights.

Prioritize Safety:

  • The immediate concern after an accident is safety. Ensure that everyone involved, including yourself, is in a safe location.
  • If there are any ongoing hazards (such as exposed wires or spilled chemicals), take steps to mitigate them or inform the relevant personnel.

Seek Medical Attention:

  • If the accident results in injuries, seek medical attention promptly. Don’t underestimate the importance of getting a thorough medical evaluation, even if injuries seem minor at first.
  • Report all injuries, no matter how insignificant they may seem, to your supervisor or HR department.

Report the Incident:

  • It is up to your employer to file a workers’ compensation claim with their insurance company on your behalf, so it’s vital to inform your supervisor or manager about the accident as soon as possible. Many companies have specific procedures for incident reporting, so make sure to follow them closely.
  • Provide a detailed and accurate account of what happened, including any contributing factors or witnesses.

Document the Scene:

  • Take photos of the accident scene, if possible, and gather any relevant evidence. This documentation can be crucial for insurance claims or legal proceedings.
  • Write down your own account of the incident while the details are fresh in your memory.

Witness Statements:

  • If there were witnesses to the accident, ask for their contact information. Their statements can provide valuable corroboration of your account.
  • Encourage witnesses to report the incident to their supervisors or HR as well.

Follow Company Procedures:

  • Familiarize yourself with your company’s policies and procedures regarding workplace accidents. This may include filling out specific forms or attending meetings with safety officers.
  • Cooperate fully with any internal investigations that may take place.

Legal Assistance:

  • If the accident results in serious injuries or if you encounter difficulties in the aftermath, consider seeking legal advice.
  • A workers’ compensation attorney can help protect your rights and guide you through the process.

Recovery and Rehabilitation:

  • Follow any prescribed medical treatments and rehabilitation plans diligently.
  • Keep your employer informed about your progress and any adjustments needed for a safe return to work.

 

If You Run Into Trouble, See a Workers Compensation Lawyer

You may want to consult an attorney with experience handling workers’ compensation claims. An initial consultation is usually free and an attorney can help you determine what benefits you may be entitled to receive.

Experiencing an accident at work can be distressing, but knowing how to navigate the aftermath is crucial for your well-being and the integrity of the incident reporting process. By prioritizing safety, seeking medical attention, and following the proper procedures, you can contribute to a smoother resolution and help prevent future incidents. Remember, your health and safety are paramount, and taking the right steps after an accident is an essential part of ensuring a positive outcome.

Navigating Workers’ Comp in Ohio: Understanding the Duration of Benefits

Navigating Workers’ Comp in Ohio: Understanding the Duration of Benefits

If you’ve suffered a workplace injury, it’s important to understand the duration of workers’ compensation benefits to ensure your financial and emotional well-being. In this article, we will explore the time limits, conditions, and important considerations for those seeking workers’ compensation benefits in Ohio.

How Long Can You Receive Workers’ Comp Benefits in Ohio?

Workers’ comp provides crucial financial support to employees injured on the job in Ohio. The duration of these benefits can vary depending on several factors, such as the severity of the injury, the progress of your recovery, and the type of benefits awarded. Let’s discuss the different types of benefits and their payout duration.

What Types of Disability Benefits Are Available to Workers Injured on the Job?

Temporary Total Disability (TTD) Benefits:
If your injury prevents you from working for a period, you may be eligible for Temporary Total Disability (TTD) benefits for a maximum of 200 weeks (about 4 years). There are specific circumstances that can lead to early termination of these benefits, such as when a physician determines that your recovery is either complete or has reached a plateau and is not expected to get better with further treatment.

Permanent Partial Disability (PPD) Benefits:
If your work injury results in a permanent impairment but doesn’t entirely prevent you from working altogether, you may qualify for Permanent Partial Disability (PPD) benefits. The percentage of your impairment will determine the duration of PPD benefits. The higher your impairment, the longer the duration (200 weeks max).

Wage Loss Benefits In Ohio:
Wage loss benefits may be available if you’ve returned to work but are earning less than you did before your injury. This benefit is also capped at 200 weeks.

Lifetime Benefits:
For certain catastrophic injuries such as paralysis or severe brain injury, you may be eligible for lifetime benefits.

While the above guidelines provide a general idea of the duration of workers’ compensation benefits, there are crucial considerations to keep in mind:

  1. Medical Documentation: To maintain your benefits, you must provide thorough medical documentation and regularly attend medical appointments. Failure to do so may result in the termination of your benefits.
  2. Maximum Medical Improvement (MMI): Benefits may end when a physician determines that you’ve reached MMI, meaning your condition has stabilized and further medical treatment will not significantly improve your health.
  3. Vocational Rehabilitation: In some cases, vocational rehabilitation may be offered to help you re-enter the workforce. The duration and success of such programs can affect your benefits.
  4. Legal Assistance: Navigating the workers’ compensation system can be complex. Consulting with an experienced workers’ comp attorney can help you understand your rights and advocate for your best interests throughout the process.

Remember that this article is a general overview and that unique circumstances may differ. Always consult with a qualified workers’ comp attorney to receive personalized guidance. We can help ensure that you receive the benefits you deserve while protecting your rights during your recovery.

If you have more questions or need assistance with your workers’ compensation claim, reach out to us. We’re here to help you through this challenging time and provide legal support.

Stay informed, stay safe, and remember, you don’t have to navigate the workers’ compensation system alone. Call Tom Marchese.

Workers comp attorney: Your Reliable Partner in Times of Need

Workers comp attorney: Your Reliable Partner in Times of Need

Greetings! Accidents at the workplace can be quite challenging to deal with, but luckily, workers’ compensation is there to help. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantage of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

In conclusion, having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

Remember, we want you to have the best possible outcome and get the compensation deserve, even if you don’t choose us to represent you. When faced with a workplace injury, don’t hesitate to reach out to a workers’ compensation attorney – they’ll be your reliable partner throughout the entire process.