A seemingly normal day at work can quickly become the start of a nightmarish ordeal if you get injured. A slip and fall (read about the difference between slip and fall vs. trip and fall here), machinery accident, lifting injury, and more can deter your life in a matter of minutes and leave you wondering how you’ll pay your bills and provide for your family now that you’re unable to work. In this situation, having a worker’s compensation lawyer to walk you through the steps of filing a claim is essential.
Let’s discuss three important things that you should know about a worker compensation claim.
1. You don’t need to prove your employer is at fault.
This is actually a very common misconception. The reality is that you don’t have to prove anything to be eligible for compensation as workers comp is regarded as a no-fault system in the US. In addition, the amount of compensation you’ll receive is not affected by your carelessness in performing your job, that is unless you were under the influence of drugs or alcohol when the injury occurred. In that instance, it’s important that you consult a professional compensation attorney before filing a claim.
It is also important to note that reporting your injury is not “punishing” your employer or jeopardizing your job. All employers pay into the Ohio state workers’ compensation system to make sure that anyone injured on the job can seek compensation to cover those and injuries, missed income, and related medical expenses.
2. Report your injury immediately.
This is extremely important. Don’t wait to report your injury, even if you don’t immediately think you’ve been badly injured. That slight tweak in your back could have you unable to get out of bed in a few days, and you can seriously hurt your case of getting compensation if you do not immediately report your injury to the employer.
In some cases, workers choose not to report an accident because they think the work either doesn’t fall within their scope of employment, or they weren’t on duty when the injury occurred. This conversation should be discussed with your lawyer to decide since things are not always that clear-cut when it comes to workers’ comp claims.
3. You can still file a negligence lawsuit.
While it’s true that filing a workers comp claim does mean you waive your right to sue your employer, this does not mean that you can’t file a negligence lawsuit against a third party. For example, suppose your injury occurred due to a defective piece of equipment, in this situation you can bring a case to court against the equipment manufacturer. Any amount you receive in this case will be in addition to the compensation received from your employer.
Hire a workers comp lawyer to guide you.
Getting injured on the job can result in serious consequences. You can greatly increase your chances of getting adequate compensation by hiring a workers comp lawyer. Thomas Marchese is a highly experienced workers’ compensation lawyer who can help you file a claim and fight for what you deserve. Give us a call today for a free consultation.
Related Workers Comp Articles
In this article, we’ll answer some of the questions that we hear most often. 1. What is a workers’ comp injury? “An injury whether caused by external or accidental means or accidental in character and result received in the course of and arising out of the employee's...
Just because you received a denial for your workers’ compensation claim, doesn’t mean you’re out of options. You may still be able to file an appeal. A workers’ compensation denial letter can be a disheartening experience. You were injured on the job and you struggled...
Remote work was already on the rise in Ohio before the pandemic. Now, many are working partially or fully from home, and while this is a win for flexibility, it also raises questions about the workers' compensation system, especially if you’re injured during work...