- What should I do if I have been injured at work?
- Can I sue my employer instead of filing a workers' compensation claim?
- Can I file a lawsuit if my employer disputes my workers' compensation claim?
- What are the rehabilitation rights of injured workers?
1. What should I do if I have been injured at work?
If you are injured on the job, you should first report the injury to your employer, ideally in writing, maintaining a copy for your records. Any delay could impair your ability to receive benefits. Seek medical attention as soon as possible.
Next, you must complete a claim form given to you by your employer or your doctor. The employer must provide you with a claim form and you must complete this document completely and specifically in order to receive benefits.
Then, file the claim as soon as possible since any delay on your part could lead to potential snags or holdups in receiving benefits. Immediately reporting injuries and filing a claim as soon as you decide to seek compensation increases the likelihood that benefits will begin quickly. Maintain a copy of the form for your records and provide a copy of the claim form to your employer and your doctor.
Finally, submit the form to the Ohio Bureau of Workers Compensation for processing.
If you have any concerns or questions, your employer denies your claim, or a dispute arises, you can seek help from the Ohio Bureau of Workers Compensation or a law firm skilled in worker's compensation issues. Although the Bureau of Workers' Compensation may be able to answer some of your questions, they are not allowed to provide you with legal advice. If you have specific questions regarding your claim, it is in your best interest to contact an experienced workers' compensation attorney. We at Cannizzaro, Bridges, Jillisky and Streng, LLC are here to help.
2. Can I sue my employer instead of filing a workers' compensation claim?
In most cases, no. The Ohio Workers' Compensation system was established as a trade-off in which employees gave up the right to sue employers in court for their injuries, in exchange for the right to receive workers' compensation benefits regardless of who was at fault for their injuries. Most employers are required by law to provide workers' compensation coverage for the benefit of their employees. In exchange for providing that coverage, employers are protected from defending personal injury claims brought by employees in civil actions.
Nonetheless, workers' compensation does not prohibit an employee from bringing a claim against his or her employer for an intentional tort, or any injury sustained due to intentional behavior on the part of an employer seeking to harm an employee. Additionally, employees are free to pursue third parties (entities other than the employer) whom they feel are responsible for their work-related injuries. For example, an employee who believes his or her injury was caused by defective equipment may consider filing a lawsuit against the manufacturer of the equipment. An employee who is successful in recovering damages from a third party may either have to pay a portion of the recovery back to the employer to repay the workers' compensation benefits that were received, or the employer may be allowed to become a party to the lawsuit and seek to recover the value of the benefits paid on behalf of the employee.
3. Can I file a lawsuit if my employer disputes my workers' compensation claim?
Most workers' compensation claims are resolved through an administrative process and not through the court system. Once the administrative process has been exhausted, and the parties have taken every step they can to resolve a claim, including attending administrative hearings, only then can an appeal be pursued into the Common Pleas Court. This can be initiated by either the employer or the employee to determine if the employee has a right to participate in the benefits provided by the workers compensation laws.
4. What are the rehabilitation rights of injured workers?
The word "rehabilitation" in the area of workers' compensation has two very different meanings. When most people think of rehabilitation, they think of physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality. There is also vocational rehabilitation. In many cases, injured workers who cannot return to their former employment are entitled to this type of rehabilitation. The amount and type of vocational rehabilitation provided to injured employees varies. Some of the services to which an injured worker may be entitled include:
- On-the-job training
- Transferable skills analysis and testing
- Resume and job application completion services
- Interview skills and techniques assistance
- Labor market surveys
- Job analyses
- Job search assistance
- Wage assessment evaluations
- Vocational rehabilitation counseling
- Ergonomics assessments
- Americans with Disabilities Act (ADA) reasonable accommodation assistance
- Medical case management
- Education and Tuition payments for retraining
The actual vocational rehabilitation benefits to which an injured employee will be entitled are determined by the employee's specific situation, as well as statutory and regulatory limitations.
Workers Compensation is a comprehensive and often complicated system. Cannizzaro, Bridges, Jillisky & Streng, LLC are experienced in understanding and applying the Ohio Workers Compensation laws. We frequently represent injured workers before the Ohio Bureau of Workers' Compensation, the Ohio Industrial Commission and in various Common Pleas and Appellate Courts located throughout central Ohio.
