Ohio Workplace Injury Lawyer

While some industries are inherently more dangerous than others, unexpected workplace accidents can happen to anyone, and some can cause serious, lasting harm. If you have been injured at work in Ohio, it’s important to consult an Ohio workplace injury lawyer at your first opportunity. You may have multiple options for recovering compensation, but you need an experienced attorney’s help to secure as much compensation as possible.

Representing Workplace Injury Claims in Ohio

The attorneys at Kelley Ferraro, LLC have nearly 30 years of experience representing clients in a wide range of injury cases in Ohio, including workplace injury claims. Most employers statewide are required to have workers’ compensation insurance, and filing a claim with your employer’s insurance carrier is likely to be a primary avenue of recovery after your injury at work. However, depending on how the injury happened, you may have additional legal options.

Our firm will listen to your story, help you determine the full scope of your recovery options, and assist you with assessing the total extent of damages you may be able to recover. We have successfully secured more than $1 billion for clients nationwide during the years of our firm’s operation, and we provide comprehensive legal representation for all types of injury claims in Ohio, including workplace injury claims.

You can trust our team to provide individualized and compassionate legal support through all phases of your case, from helping you prove how your accident happened to determining which damages you can recover with a workers’ compensation claim. You can also trust us to represent you in a personal injury case when a specific party is responsible for your damages, and we can resolve unexpected complications that arise between you, your employer, and their insurance company.

Understanding Workers’ Compensation in Ohio

The Ohio Bureau of Workers’ Compensation (BWC) manages the state’s workers’ compensation program. Almost every private employer in the state is required to carry this no-fault insurance, and almost all regular workers are covered for work-related illness and injury. As long as you were hurt or became sick while performing your job duties, you are likely eligible to file a claim for workers’ compensation benefits if you are unable to work for an extended period.

When any workplace injury occurs, you should report it to your supervisor immediately so they can document it in an incident report. Most employers in Ohio process their injured workers’ claims in good faith, but there is always a chance of encountering unexpected complications. It’s a good idea to hire a workplace injury lawyer as soon as possible after the injury so they can determine your most viable legal options.

The Ohio BWC reported that in 2023, the incidence rate of nonfatal work-related injuries and illnesses was 2.2 cases per 100 full-time equivalent workers. This amounted to about 98,700 cases statewide across all industries, and about 39,500 of these incidents resulted in missed days of work. A few of the industries with the highest incidence rates included healthcare, social assistance, transportation, warehousing, and construction.

After an injury at work, you should report the injury to your employer and hire a workplace injury lawyer to help you with your workers’ compensation claim. You will need to prove that the injury resulted from performing your job duties, and your attorney can resolve any issues you encounter with your employer and/or their insurance carrier.

Filing Your Workers’ Compensation Claim in Ohio

Filing a workers’ compensation claim in Ohio is similar to filing most other types of insurance claims, but your employer plays a role in this process. When you hire a workplace injury lawyer, they can help make this process smoother, and the insurance carrier will be more likely to extend a reasonable determination of benefits if they see that you have legal counsel.

A successful workers’ compensation claim in Ohio generally provides two forms of compensation. First, the insurance company will cover all medical expenses related to the injury. Workers’ compensation typically provides expansive coverage for immediate and ongoing care for work-related injuries. Second, the insurance company can pay disability benefits when the injured claimant is unable to work for an extended period because of their injury.

Medical expense coverage is typically straightforward, but disability benefits vary on a case-by-case basis. The amount you receive in disability benefits will depend on how much you typically earn at work and how long you are unable to work because of your injury. Disability benefits can be paid in “total” or “partial” designations based on the claimant’s functional capacity to work.

As part of the claim-filing process, you will likely need to undergo a functional capacity evaluation from a workers’ compensation doctor in your area. You can see any doctor in an emergency if you suffer a severe traumatic injury at work, but once you stabilize, you will need to visit a workers’ compensation doctor approved by your employer’s insurance company to evaluate the overall severity of your injury.

During this evaluation, the workers’ compensation doctor will assign a disability rating that reflects the severity of the injury and how much it negatively affects your ability to work. This rating will be a major determining factor in how much disability benefits you receive from the insurance company.

You may be paid partial disability benefits if you are able to work, but cannot earn your usual income because of your injury. You will need to report your income each week, and these benefits can help offset your lost earnings. Once you are able to return to work at your full capacity, these benefits will end. Total disability benefits are paid as a percentage of your usual weekly wage when you are unable to work at all.

Filing a Third-Party Personal Injury Claim for an Ohio Workplace Injury

Workers’ compensation insurance functions on a no-fault basis, meaning you do not need to prove fault for the injury to qualify for these benefits. In fact, you may have caused the injury yourself and still qualify for these benefits as long as the injury happened while you were working in good faith. If you were working under the influence of drugs or alcohol, however, this may disqualify you.

This insurance typically protects employers from liability for their injured workers’ damages. This means you cannot sue your employer for a workplace injury in Ohio except under specific conditions. For example, if your employer forced you to perform a task outside of your usual job duties that had a virtual certainty of causing an injury, or if they failed to uphold workplace safety regulations, such issues could form the basis for a claim against your employer.

In the event your injury resulted from the negligence of a third party, then you may qualify to file a third-party personal injury claim against them in addition to your workers’ compensation claim through your employer. Your Ohio workplace injury attorney can determine whether you have grounds to file such a claim and, if so, explain the damages you are eligible to claim from the third party.

For example, workers’ compensation may cover all of your medical expenses related to your work injury, but it may only cover a percentage of your total lost income. Workers’ compensation insurance in Ohio also does not compensate for pain and suffering. A third-party personal injury claim could enable you to recover the remainder of your missing income that workers’ compensation insurance won’t cover, as well as pain and suffering compensation.

What to Expect From Your Ohio Workplace Injury Lawyer

Ultimately, any workplace injury can be life-changing in several ways. You could face expensive medical treatment, long-term inability to work, and various legal complications that you will not know how to resolve on your own. When you hire a workplace injury lawyer at Kelley Ferraro, LLC, you have a dedicated legal advocate on your side throughout all of your proceedings.

We will listen to your story, determine your most viable recovery options, and guide you through the process of claiming the compensation you need to recover. We can help you file your workers’ compensation claim, verifying that your employer and their insurance carrier have handled your claim in good faith. If any disputes arise, we will be ready to resolve them on your behalf.

When you have grounds for further legal recourse with a third-party personal injury claim, we can assist with this as well. Our team will calculate all of the damages that you are eligible to claim that workers’ compensation insurance won’t cover, and prepare your third-party personal injury suit. You can trust us to negotiate a settlement, but we prepare every case for trial in the event that litigation is unavoidable.

If you are concerned about legal expenses, our firm accepts most workplace injury cases on a contingency fee basis. There is no upfront cost to hire our firm, and no cost to you at all if we are unable to secure a recovery for you. When we succeed with a case, the contingency fee is a percentage of the total recovered. This policy makes legal counsel more accessible and allows you to approach your case with peace of mind.

Ultimately, you could face multiple legal challenges in the aftermath of your workplace injury in Ohio. When you hire a workplace injury lawyer at Kelley Ferraro, LLC, you are more likely to secure appropriate compensation for the damages you have suffered and resolve your case within a reasonable timeframe. Contact Kelley Ferraro, LLC today to schedule your free consultation with an experienced Ohio workplace injury lawyer you can trust.