top of page
  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Workers' Compensation in Ohio

Workplace accidents can have a devastating impact on the victim and their family members. Fortunately, employers in Ohio must provide workers' compensation insurance to their employees to help them get the medical care they need following their work-related incidents. However, there are rules and laws that the affected party must follow if they wish to seek compensation, making the entire legal process time-consuming and hectic. 


At Schuerger Shunnarah Trial Attorneys, our workers' compensation lawyers have the expertise and knowledge to help injured workers by holding negligent employers and their insurance companies responsible. We have a deep understanding of the rules and procedures pertaining to the Ohio Bureau of Workers' Compensation (BWC) and can protect the rights of the affected party. 


Those who have suffered injuries in a work-related accident in Cincinnati, Ohio, should contact Schuerger Shunnarah Trial Attorneys to discuss their case and increase their chances of recovering maximum compensation. They can also explain how to file a lawsuit for wrongful death in Ohio.


What Are the Different Workers' Compensation Benefits Available to Injured Workers in Ohio?

What Are the Different Workers' Compensation Benefits Available to Injured Workers in Ohio?


The BWC covers all of the expenses related to the victim's medical treatment. It also provides compensation for loss of pay resulting from the injured worker's inability to resume employment. Several options may be available to the claimant, including the following: 


  • Temporary total disability

  • Permanent partial disability

  • Permanent total disability


An experienced workers comp attorney can assess the victim's case and determine the types of damages they are eligible for. For more information, a workers comp law firm in Cincinnati may be able to help.


How to File a Lawsuit for Workers' Compensation in Ohio


Injured workers in Ohio must understand that workers' compensation is insurance that covers the claimant's medical expenses and a portion of their lost wages. While it provides the employee with financial protection, it also prevents them from pursuing legal action against the company. 


Here are the steps that injured victims should take if they want to pursue a workers' compensation claim in Ohio:


Report the Incident and Seek Help

After sustaining a workplace injury, an injured worker must report the incident to their manager and request a copy of the report. This brings the unfortunate event to the employer's attention and also documents it. 


Seeking medical treatment after a workplace accident is crucial to someone's Ohio workers' compensation claim. It helps prevent complications and shows that the affected party is consulting with a healthcare provider. 


At this stage, the injured worker must focus on their recovery and securing medical records. Bills, receipts, doctor's notes, and other essential documents can prove that the victim suffered injuries at the workplace. 


The Ohio workers' compensation system requires employers to report the workplace accident within 24 hours to BWC or a managed care organization (MCO). 


Consult with an Experienced Ohio Workers' Compensation Attorney

While an employer may explain the steps to file a workers' compensation claim, navigating the rules and properly documenting the incident requires legal expertise and know-how. An experienced attorney can guide the injured worker on the best strategy moving forward and provide insight on how to file a lawsuit for premises liability in Ohio.


Submit an FROI Form

To initiate the Ohio workers' compensation claims process, the injured worker must request the First Report of Injury Form (FROI) from their employer or download it from the BWC website. After filling out the relevant details about the accident, the victim must send it to their manager. 


Alternatively, injured workers can also directly file workers comp claims by calling the BWC helpline and providing the necessary information to the customer service representative. They can also mail their form by following the instructions on the BWC website.


Wait for a Response

When the injured worker files the workers' compensation claim, the employer has 28 days to respond. During this time, they may contact the affected party for additional information. Replying promptly with the details can expedite this entire process and increase the likelihood of approval. 


Most Ohio workers' compensation claims are denied because the claimant fails to provide the requested information. By working with an experienced attorney, an injured worker can ensure proper filing and documentation while submitting concrete proof to support the claim. 


If the BWC accepts the claim, it will pay the claimant for the medical benefits and lost wages. However, in case of a denial, there is no need to worry, as injured workers may still be able to recover some compensation. 


File an Appeal

Here's where the victim's workers' comp attorney comes in. In case of a rejection, the lawyer will file an appeal within 14 days with the Industrial Commission of Ohio (IC), where the district hearing officer (DHO) will hear the case. 


During this time, the injured worker's legal team may present more information, defend their client, and protect their rights. 


If the DHO rejects the claim, there is still hope. Affected parties can file an appeal at the staff level, where an officer will hear the case. In case of a rejection, the injured worker can directly appeal to the IC, which would make the final decision. 


A Third Party May Be Liable for the Injured Worker's Workplace Injury

A Third Party May Be Liable for the Injured Worker's Workplace Injury


Sometimes, an employer may not be liable for the victim's workplace injury. An investigation into the incident could reveal negligence on behalf of a third party. 


If someone other than the employer is responsible for a workplace injury, the injured worker may need to file a third-party claim. This legal process involves pursuing a civil action against the negligent party's insurance company to obtain compensation.


Most third-party claims are settled outside of court. However, if there are disagreements between the parties over a fair settlement, the plaintiff and their attorney may go to trial. 


Schuerger Shunnarah Trial Attorneys Can Help Navigate the Complexities of the Ohio Workers' Compensation System!


Filing a workers' comp claim and overcoming the hurdles in the legal process can take its toll on the injured worker. It's important that victims take some time off to recover after their medical diagnosis and treatment. 


Whether filing a workers' compensation claim or a personal injury lawsuit for injuries caused by a third party, Schuerger Shunnarah Trial Attorneys can help victims navigate the intricacies of the legal system and increase their chances of seeking compensatory damages.


Those who have suffered workplace injuries in Cincinnati, Ohio, should call us to schedule a free consultation with our experienced attorneys. We will file the victim's workers' compensation or third-party claim and get them the compensation they deserve.

Comments


bottom of page