Carl G. McMahon
Workers' Compensation
What should I do if injured during the course of my employment?
In order to best protect your rights and receive workers' compensation benefits and other compensation in a timely manner an injured worker should:
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Notify your employer that you have been injured by verbally reporting it to your boss or supervisor and making out a written accident report if possible. Always keep a copy of the accident report for your own records.
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Seek proper medical attention for your injuries as soon as possible. Please know that while your employer may recommend a physician to you, ultimately the choice as to whom you wish to treat you for your injuries remains yours. On the other hand, the employer does have the right to have you examined by the physician of their choice on a one-time basis.
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Document the identity, address and phone numbers of any witnesses to your injury or who may have assisted you following your injury. Keep this written documentation in the event such information becomes relevant and helpful at other stages in your claim.
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Consult and seek legal representation with a qualified Workers' Compensation Specialist. You have an absolute right to be represented by an attorney of your choice. There are an infinite number of circumstances in which a qualified and competent workers' compensation attorney may assist you and benefit you in the pursuit of workers' compensation claim. In particular you should consult with and secure legal representation if any of the following occur:
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Your claim is denied or rejected.
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Necessary medical care and treatment is denied or rejected.
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Your claim is accepted but you do not believe you are receiving the correct and full amount of benefits.
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You are fired, suspended or disciplined as a consequence of a work related injury.
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You have sustained a permanent disability as a consequence of a work related injury.
Remember that your employer will have their attorney at the hearings, so it's best for you to have your own attorney to represent you.
What are my available benefits under the Ohio Workers' Compensation Insurance System when I sustain an injury in the course of my employment?
The Ohio Workers' Compensation Insurance System provides benefits to injured workers and their families in a number of ways. The most common benefits available include:
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100% payment of all reasonable and necessary medical expenses incurred as a consequence of those injuries accepted in the claim.
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Biweekly disability compensation payable as a consequence of an injured workers' inability to return back to any form of employment - both on a temporary basis and, if applicable, on a permanent lifetime basis.
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A lump sum impairment award payable as a consequence of any permanent impairment stemming from an on-the-job injury.
There are other potential benefits available depending upon the circumstance such as wage loss benefits, disfigurement benefits, amputation awards, and awards for violations of specific safety regulations.
Would I benefit from obtaining legal representation in my claim?
The Ohio Workers' Compensation Insurance Benefits System is an adversarial system. The injured worker's interest is to receive full and fair compensation and payment of benefits for on-the-job injury. The employer and their workers' compensation insurance representative's interest and preference is to minimize the payment of such benefits in order to save them money and costs associated with the claim. Like any insurance claim system the desire to minimize payments is inherent.
As a consequence of the adversarial nature of the workers' compensation insurance system and in order to level the playing field, it makes strong sense to know and understand your rights and have them explained to you, and protected by a qualified and competent workers' compensation attorney.