Workers' Compensation Claims

What Is Workers' Compensation?

Workers' Compensation is a program administered by the State of Ohio that compensates workers who are injured or contract an occupational disease while on the job.

What are the usual benefits?

If you are hurt on the job, 100% of your medical bills will be paid. You will also receive compensation for lost wages due to missed time from work (Temporary Total), for reduced or lost wages due to physical restrictions or light duty (Wage Loss) and for permanent partial disability for the permanent impairment caused by your injury (PPD).

Persons who are forced to permanently leave the work force due to their injuries can be paid Permanent Total Disability (PTD) Compensation for life.

Families of persons killed on the job or who die due to their injury or disease can be compensated with death benefits for various periods of time.

There are also additional awards for injuries that are caused by an employer's violation of a specific safety requirement (VSSR).

What if I get hurt at work because of something that was my own fault?

Ohio's Workers' Compensation program is a "no fault" system. This means that except in a few limited situations, you will be compensated for any injury that occurs in the course and scope of your employment.

Can I sue the party who caused my injury?

In most situations, your sole recourse to recover loss due to an industrial injury is to file a Workers' Compensation claim. The exceptions are:

• Your injury or occupational disease was a direct result of your employer creating a situation, or allowing a situation to continue, where an injury is substantially certain to occur (e.g., the employer's removal of a guard from a table saw). In this situation, you may have a separate claim against your employer for an intentional tort;
• Your injury was caused by the negligence of a third party (e.g., you are a truck driver and you are rear-ended by another vehicle). In this case, you may have a separate claim against the operator of the other vehicle; or
• Your injury was caused by a design defect in a machine you are using. In this situation, you may have a separate product liability claim against the manufacturer of the machine.

The exceptions listed above are not all-inclusive. Every claim is unique and we will assist you in determining whether you have a separate claim in addition to your Workers' Compensation claim.

What should I do if I get hurt on the job?

First, make sure you report your injury to your employer. Most employers have specific procedures for reporting an on-the-job injury. If you do not know what the reporting procedures are, find out.

What should I say in my report to my employer?

Accurately describe the accident and the injury you suffered. Stick to the facts and do not blame yourself for what happened. Identify anyone who may have witnessed the accident.

When should I go to the doctor?

Always seek medical care as soon as possible. Do not try to be "tough". The longer you wait, the more difficult your claim can become.

Where should I go for medical treatment?

Many employers have medical centers with whom they work. You may go where your employer directs, but you do not have to. You may go to the doctor, hospital or emergency room of your choice. Once your claim is established, however, choices of doctors and treatment facilities may become limited.

What should I say to the doctor?

Tell the medical professionals exactly what happened to you. Make sure all of your problems are understood. Do not hold anything back.

Who can file my claim?

A Workers' Compensation claim can be filed in one of four ways:

• Your employer may file your claim for you. However, this is extremely rare;
• Your medical provider may file the claim, but its only concern is that its bill gets paid;
• You can go to your local Bureau of Workers' Compensation service office to file your claim or, in many instances, phone the claim in to a bureau office;
• You can retain Smith and Condeni and we will be responsible for handling all aspects of your claim.

Do I need an attorney?

Yes. The retention of competent legal counsel is important for protecting your rights. Also, keep in mind that your employer will likely have representation concerning your claim. You may be at a disadvantage without your own legal representation. It is unfortunate the number of legitimate claims that are improperly processed or denied outright due to aggressive defense tactics by employers or their representatives. With Smith and Condeni, you will be protected.

How can Smith and Condeni make a difference in my workers' compensation claim?

As your legal counsel, we will:

• Make sure that your claim is properly filed with the State of Ohio.
• Obtain all necessary medical records and doctor's opinions relative to your claim.
• Obtain your wage information and apply our expertise in maximizing your compensation rates.
• Make sure that your claim is properly allowed for all medical conditions related to your industrial injury.
• Make certain that all deadlines are met for filing for new conditions and for further forms of compensation.
• File all necessary appeals and attend hearings on your behalf.
• Investigate any other claims that may arise from your injury, such as Personal Injury, Intentional Tort, Violation of a Specific Safety Requirement, Products Liability or Retaliatory Discharge.

As to these other claims, we have on staff in our Personal Injury Group skilled lawyers who have many years of experience handling these matters.

We also have an internet connection to the computers at the Bureau of Workers' Compensation so that we may monitor your claim from our offices. This helps us keep on top of things and keep you up to date on what is going on.

How is Smith and Condeni paid?

Our fee is contingent upon you receiving a lump sum award of compensation. You are responsible only for the costs incurred in developing your claim. These normally consist of payment for copies of medical records and reports.

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