Like all states, Ohio has its own workers’ compensation laws. Cleveland workers filing a claim in Ohio may receive benefits either through the state’s workers’ compensation program or a self-insured employer. Both options involve filing deadlines and require strict attention to detail when submitting paperwork and medical documents — requirements that may place a burden on injured workers and their families.
Here is the good news: Don’t go through the burden of the Workers’ Compensation process alone. “Workmans’ comp” is complicated, and many feel is done on purpose to reduce paying you — the injured person — what they deserve in order to get well and get on with your life.
Here is the great news: Even though the workers comp process is complicated, we can help make it easy. And here is why:
- We have three offices in Ohio, and we service all off Ohio.
- We can come to you if necessary.
- You can have a phone call with one of our attorneys right now.
- The call is free and confidential by calling on of the number below.*
- You don’t pay a cent unless we recover money on your behalf.
You can learn more here at our Workers’ Compensation page, which has more detail for those who want specifics, Frequently Asked Questions, types of workers’ comp, and other helpful information.
Workers’ Compensation Claims: How Do They Work?
If you have sustained a workplace injury in Cleveland or Northeast Ohio, the law firm of Plevin & Gallucci can reduce the inconvenience and frustration of filing a claim so you can concentrate on your recovery. Our experienced workers’ compensation attorneys will handle all the paperwork and deadlines associated with your case and help you receive all the compensation you’re entitled to under the law.
Plevin & Gallucci has been helping injured workers in Ohio for over 40 years. If you have been injured on the job, contact our office today for a free consultation. Learn how we can help you with your workers’ compensation claim to ensure the best chance at a successful result.
If you’ve suffered a workplace injury or have become ill at work, seek medical care, if necessary, and report to your employer right away.
A single event typically constitutes a workplace injury, but an occupational illness results from repeat exposure to a hazardous work environment. Such diseases may be the result of gases, chemicals, physical vibrations from heavy machinery, radiation, or extreme changes in temperatures, pressure, or noises.
Once you have received medical attention and reported the claim to your employer, contact Plevin & Gallucci. We can help you file necessary forms and determine the proper steps to ensure you receive full compensation for your injury or illness.
Filing a Workers’ Compensation Claim
Your employer may have claim forms to submit to their own private insurer or a workers’ compensation claim can be filed with the Ohio Bureau of Workers’ Compensation (BWC). This form is called a First Report of Injury (FROI). It is very important that you contact the attorneys at Plevin & Gallucci BEFORE submitting the FROI.
The FROI is an application for payment from the state insurance fund for your injury. The form can be filed online or sent by mail. This form meets the requirements set forth by the Occupational Safety and Health Administration (OSHA). The form will need to detail:
- A description of the accident;
- The medical diagnosis of the injury;
- Medical records and documentation that show a direct link to your workplace injury;
- Any information regarding disability.
Before filing a claim, it is crucial to be sure all relevant documentation has been collected and organized. By hiring the workers’ compensation attorneys of Plevin & Gallucci, our law firm can request and review these medical records on your behalf.
Statute of Limitations for Cleveland Workers’ Compensation Claims
Update: Effective September 29, 2017, the State of Ohio has a one-year statute of limitations for submitting workers’ compensation benefit claims in writing or by telecommunication. This one-year period, previously two years, begins on the date the injury occurred.
The statute of limitations for filing a workers’ compensation claim for an occupational disease varies based on the circumstances of the illness. Contact the attorneys of Plevin & Gallucci to review your situation.
Due to these strict time restrictions, it’s very important to speak with a workers’ compensation attorney as soon as possible to understand all your options before proceeding. Plevin & Gallucci attorneys are always available to take your call if you’ve been injured.
Are You Eligible for Workers’ Compensation Benefits?
Workers’ compensation benefits are intended to ensure that an employee who is injured on the job does not have to suffer financial losses as a result. Nearly all employees of businesses located in Cleveland and Northeast Ohio are covered through Ohio’s workers’ compensation system since state law requires that any business employing one or more people must be covered.
Even if you are an independent contractor in Ohio, you may be eligible for workers’ compensation benefits. The attorneys of Plevin & Gallucci can help you understand your rights as a contractor if you are injured.
When you file a workers’ compensation claim, the Ohio BWC will evaluate your medical records and determine whether you were injured in the course and scope of your employment. They will discuss the potential claim with your employer and either allow, deny, or refer the matter to the Industrial Commission of Ohio for further adjudication.
Does Workers’ Compensation Cover a Worker’s Death?
If your loved one has died as a result of a workplace injury or occupational disease, all employee dependents may be eligible for death benefits. In the State of Ohio a dependent may be a family member of the deceased employee or anyone else that can establish a level of dependency. A formal application must be submitted at which time the application will be reviewed and a decision rendered. Should either the potential dependents or the employer disagree with the ruling, they have the option of filing an appeal and having the matter set for hearing.
In addition to death benefits, there are other benefits that you may be entitled to if you are the dependent of an employee who has died from a workplace injury or illness. These benefits often can be substantial sums to help those most affected by an employee’s death. The attorneys of Plevin & Gallucci can help you understand and apply for all benefits to which you are entitled as a family member.
Time is of the essence when filing workers’ compensation claims related to an employee’s death. Ohio law limits the amount of time a dependent has to seek additional benefits. Plevin & Gallucci can help you through every step of the claims process to avoid missing deadlines.
Compensation You May Receive
Each workers’ compensation case is unique and the benefits that apply to you will vary on a case-by-case basis. Ohio’s BWC lists several compensation types dependent on your qualifications. Keep in mind that you may qualify for compensation regardless of whether or not you missed time from work as a result of your injury. Types of compensation include:
- Wage Loss: Compensation may be paid to an injured worker who experiences a reduction in earnings directly as a result of restrictions from the allowed conditions in the claim;
- Living Maintenance: Compensation may be paid to an injured worker who is an active participant in an approved rehabilitation plan;
- Temporary Total: When an injured worker is completely disabled from work for the short term due to a work-related injury or occupational illness, compensation may be awarded for lost wages.
The complete list of the categories of workers’ compensation benefits can be found on the Ohio’s BWC website.
Common Reasons for Claim Denial
Once you have submitted your workers’ compensation claim, the Ohio BWC will make a ruling to decide if your claim is approved or denied. It may be denied due to the following reasons:
- Your claim wasn’t filed on time;
- There is a discrepancy between your claim and submitted medical records;
- You did not provide a thorough account of what happened;
- The injury occurred outside the workplace;
- Your employer disputes the claim;
- There is a dispute relative to your employment status.
An increased volume of workers’ compensation claims can lead to a higher insurance premium for your employer. This means it is in their financial interest to fight to have your claim denied. The employer may offer a different version of the facts surrounding your injury when asked for confirmation of your claim or try to assert a technicality that would deny your claim.
If your claim is denied, Ohio law states that you have only 14 days to file an appeal. If you choose to appeal a decision, a hearing will be scheduled before the Industrial Commission. On the scheduled date, you will need to bring several copies of all pertinent documents related to your case. It is highly advised to have an experienced workers’ compensation attorney who knows Ohio law, like Plevin & Gallucci, present for this hearing since your employer will likely be represented by counsel.
Why Hire a Cleveland Workers’ Compensation Attorney?
You can file a workers’ compensation claim without hiring an attorney, but there are many reasons why you may benefit from having the attorneys of Plevin & Gallucci on your side. Due to the potentially complex nature of workers’ compensation cases, we can help you work through more detailed situations, which may include:
Workers’ Compensation Claim Denial
A majority of workers whose claims have been denied do not appeal the decision. The workers’ compensation attorneys of Plevin & Gallucci do not require an upfront fee and can give you the best opportunity to receive fair benefits for your injuries.
Inadequate Settlement Offer from Your Employer
In some instances, the settlement offer may not cover all your medical expenses and wages lost due to your on-the-job injury. A judge will typically approve an agreement as long as it isn’t perceived as grossly unfair. The workers’ compensation attorneys of Plevin & Gallucci will fight for the maximum compensation owed to you.
Inability to Return to Work Due to Injury
Workers’ compensation injuries or disabilities that prevent you from returning to your prior job or performing any work can be expensive for insurance companies who may have to pay either a large lump sum or a lifetime of weekly payments to compensate for lost wages. If your claim involves permanent injury or illness, it is essential to seek professional advice from the workers’ compensation attorneys of Plevin & Gallucci. We have the in-depth knowledge of Ohio law to pursue the compensation you deserve.
Plevin & Gallucci has helped clients who have suffered from workplace accidents in Cleveland and throughout Ohio for over 40 years. If you have been injured on the job in Cleveland and wish to pursue a workers’ compensation claim, call us at 1-855-4PLEVIN for a free consultation to learn how we can guide you through the workers’ compensation claims process. There is no obligation.