Ohio Industrial Accident Lawyers

The state of Ohio has an industry-heavy economy. For example, Ohio is ranked the # 3 state for manufacturing in the country, after Texas and California. More than 15,000 Ohio companies employ nearly 900,000 workers in manufacturing roles. In terms of the percentage of the workforce, Ohio is more manufacturing-focused than either of the two leaders.

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Unfortunately, these jobs and others in industrial settings offer many opportunities for workplace injury. Some common examples include:

Exposure to toxins, including fumes created in the manufacturing process, chemical components, and industrial solvents used in cleaning
The risk of injury in using heavy machinery and equipment
The risk of injury due to unsafe or repetitive lifting and other strain
Noise exposure
Extended exposure to vibration

Of course, there are many other types of industrial injuries, including slips and falls, being struck with objects, forklift accidents and other transport accidents, and more. If you’ve been seriously injured in an industrial accident, you are undoubtedly concerned about the cost of medical care, lost income during your recovery, and other costs associated with your injury.

Here’s what you need to know about your rights after an Ohio industrial workplace accident.

Who is Responsible for an Industrial Workplace Accident?

Under Ohio law, most employees injured at work are entitled to workers’ compensation benefits. At the same time, most employees injured in industrial or other workplace accidents are limited to workers’ compensation benefits. In other words, most people injured on the job should receive medical care and partial replacement income through workers’ compensation. But, they usually can’t sue their employer, even if the employer’s negligence caused the injury.

That said, there are three ways an injured worker may be able to recover more compensation than is provided under a standard workers’ compensation claim. So, it’s generally best for someone who has suffered a serious industrial injury to consult an attorney who is experienced with workers’ compensation claims, negligence claims, and product liability claims.

To ensure that you receive all of the benefits and compensation available to you, an experienced industrial workplace accident attorney will consider:

The full extent of workers’ compensation benefits you are entitled to
Whether you may be entitled to increased benefits because your employer violated a specific safety requirement
Whether your case falls into the narrow exception that allows some injured workers to file a civil lawsuit against their employers
Whether a third party may be wholly or partly responsible for your injury

Workers’ Compensation Benefits after an Industrial Injury

Pursuing workers’ compensation benefits is generally the first step after suffering an injury at work. Under Ohio law, an injured worker has a year to file a workers’ compensation claim. But, there are many reasons it is in your best interest to act more quickly.

First, reporting the injury to your employer gets the ball rolling for workers’ compensation benefits, including medical coverage. If your injury is covered by workers’ compensation, you’ll have access to no-cost medical care for the covered injury right away. Similarly, if you’re missing work due to your injury, you’ll want to get temporary total disability payments flowing as quickly as possible. If you qualify for benefits, you are entitled to replacement income starting the eighth day of missed work.

That’s not the only reason for prompt reporting to your employer, though. If you don’t report your injury right away, it can be difficult to prove when and how you were hurt. You might think that since workers’ compensation is designed as a less adversarial way to provide for injured workers, you wouldn’t have to fight for your benefits. But, that isn’t always true–especially if you’ve been seriously injured and the amount of money involved is significant. So, you’ll want to start building a record right away.

You’ll also want to keep a close eye on how your claim is proceeding and make sure to get help if and when you need it. Some signals that it’s time to contact a work injury lawyer include:

Delays in processing or paying benefits on your claim
A workers’ comp physician clears you to return to work when you believe you are still medically unable
Benefits being lower than you believe you are entitled to

You should also contact a workers’ compensation lawyer if you are offered a lump sum settlement. While it may be in your best interest to settle your claim, it is important to make sure that you are receiving fair compensation and that any ongoing medical care is covered–there’s no going back for more if you find out later that you need another surgery or longer-term care than you anticipated.

Other Possible Claims after an Industrial Work Injury

Enhanced benefits due to certain types of safety violations and the rare possible injury claim against the employer are both fairly unusual. An experienced Ohio workers’ compensation and work injury lawyer can assess the circumstances leading up to and surrounding your injury and advise you on whether either of these types of claims may be available.

Third-party liability is a more common possibility. When you hear that workers’ compensation is an “exclusive remedy,” it doesn’t actually mean that you don’t have any other available remedies. It simply means that you can’t sue your employer or a limited number of other specific parties. An Ohio work injury lawyer who handles both workers’ compensation and other types of injury claims can also help you determine whether you may have a claim against a third party.

Why Third-Party Claims Are Important

Workers’ compensation is designed to provide medical care, replacement income, and some limited other benefits to injured workers or surviving family members. But, people who have been seriously injured often suffer damages far beyond what workers’ compensation will cover. Some of those losses are economic, such as the need for child care and other non-medical assistance due to your inability to attend to certain tasks on your own during your recovery–or, in some cases, permanently. Others are non-economic, such as pain and suffering / loss of quality of life.

While you won’t be compensated for those additional damages in a workers’ compensation case, they are claims you may be able to pursue in a personal injury case or product liability claim.

Talk to an Ohio Industrial Work Injury Lawyer Today

Whether you’re fighting for workers’ compensation benefits, have been offered a workers’ compensation settlement and are unsure about whether it’s in your best interest to accept, or believe there may be additional claims available to you, the best next step is to talk to an Ohio work injury lawyer. The attorneys at Plevin & Gallucci have decades of experience fighting for injured workers, and pursuing other injury and product liability claims on behalf of injured Ohio residents. To learn more about how we can help, call 855-4PLEVIN right now. The initial consultation is free.