Ontario, Ohio, thrives on the dedication of its labor force, contributing significantly to various industries. Just like any other city, workplace accidents can unfortunately occur, affecting the livelihoods of hardworking individuals. When these accidents happen, the importance of workers’ compensation becomes evident.
The system of workers’ compensation plays a vital role in providing support and protection to employees who find themselves injured. If you’re a worker seeking guidance on navigating a workers’ compensation claim, understanding the specifics of this system is crucial.
At Cox, Koltak & Gibson, we understand the difficulties faced by injured workers in Ontario. For over 70 years, we have been serving Ontario and its surrounding communities, providing legal representation to ensure injured workers receive the compensation they rightfully deserve.
Why Choose Us?
Our team of skilled workers’ compensation attorneys is well-versed in Ohio’s complex workers’ compensation laws. We’ve successfully handled countless cases, and our track record speaks for itself. When you choose us, you can expect:
- Expertise: Our attorneys have a deep understanding of Ohio’s workers’ compensation system, ensuring that your case is handled with precision and efficiency.
- Personalized Attention: We treat every case as unique because we know that each situation is different. Our attorneys will work closely with you to tailor a legal strategy that meets your specific needs and goals.
- Compassion: We genuinely care about our clients and their well-being. We’re here to provide support and guidance throughout the entire process, from filing a claim to resolution.
- Results: Our ultimate goal is to secure the maximum compensation you are entitled to. We will tirelessly advocate for your rights and ensure that you receive the best possible outcome.
Types of Cases We Handle
Our experienced attorneys can assist you with a wide range of workers’ compensation claims, including:
- Workplace injuries
- Occupational diseases
- Repetitive stress injuries
- Denied claims and appeals
Contact Us Today
If you’ve been injured at work in Ontario, Ohio, don’t hesitate to reach out to Cox, Koltak & Gibson. Our skilled workers’ compensation attorneys are here to help you navigate the legal complexities and get the compensation you deserve. Contact us today for a free consultation, and let us be your trusted advocates.
- What on-the-job injuries does Workers’ Compensation cover?
- Workers’ compensation covers almost any on-the-job injury, including long-term diseases resulting from your work (asbestos, etc.), pre-existing injuries that were exacerbated by an accident at your job, and even injuries caused by a third party while on the job.
- Who pays my Workers’ Compensation benefits?
- Ohio law requires that virtually all employers purchase workers’ compensation insurance coverage from the state fund or insure themselves. Therefore, either the state fund or your employer will be responsible for paying your compensation.
- How long will it take to get benefits?
- This depends on the specifics of your injury, whether your employer is self-insured or state funded, where you received medical treatment, and many other factors. Having an experienced lawyer on your team will help you receive benefits much faster, as you can be sure that your attorney has filed all the necessary paperwork to keep your claim moving. Ultimately, you must trust that your attorney is doing everything that he or she can to ensure that you receive benefits as quickly as possible.
- Do I have to go back to work before I am ready?
- Ultimately, your doctor’s advice determines when you are ready to go back to work. When you suffer an injury on the job, your employer or your employer’s third party administrator will likely suggest a doctor. However, you are free to go to any doctor you like who the Bureau of Workers’ Compensation (BWC) has certified. You do not have to return to work until your doctor believes you are ready.
- Do I have to file my workers’ compensation claim within a certain time limit?
- There is a two-year statute of limitations for filing a workers’ compensation claim. If you do not file your claim within two years of your injury, you will not be able to seek compensation. If you are in an on the job accident, you should move quickly to seek legal representation and file your claim so that you are sure to receive the benefits you need.
- The BWC denied my workers’ compensation claim. Is there anything I can do?
- You can appeal your claim before the Ohio Industrial Commission. You should absolutely hire an attorney if you are filing an appeal, as you need a legal professional who can gather and present the evidence necessary to prove that you were hurt on the job and deserve compensation. Do not attempt to appeal a denied workers’ compensation claim alone.
- Can I get fired for filing a claim?
- If an employee of a company is injured during the course and scope of their employment by an anticipated and foreseeable risk of that employment, they can seek benefits under the Ohio Workers’ Compensation Act. It’s generally against Ohio law for an employer to discharge an employee for filing a claim for workers’ compensation benefits. That’s known as a wrongful or retaliatory discharge. The same laws that protect an employee from a wrongful or retaliatory termination also prohibit an employer from demoting an employee for filing a workers’ compensation claim. The Ohio Supreme Court has held that such a retaliatory termination is a clear violation of public policy based on statutes, regulations and case law.
- What Disqualifies A Person Of Workers’ Compensation in Ohio?
- Workers’ compensation injury claims can be complicated and are often strongly defended,. There is no common list of issues that could disqualify an injured worker, but there are some distinct material case factors that could impact whether a claim is legally allowable. This is usually based on what the injured worker was doing at the time the injury occurred and the actual nature of the working relationship.
- Contracted Employment
- Individuals who are earning an income by virtue of a private documented contracting agreement could have difficulty collecting on a work injury unless they carry personal workers’ compensation protection. Self-employed workers are usually responsible for maintaining their own workers’ comp coverage. When injured workers are clearly employed by a primary employer, the employer’s coverage is liable for protection. Also, many employers’ will conduct an investigation into the injury looking for a viable reason to deny the claim.
- Location at the Time of Injury
- Many workers are injured at a remote location performing job responsibilities. When injuries occur at a central facility, the question becomes what the injured employee was doing at the time of the mishap. Injuries that occur away from the facility could provide ample room for argument from the employer if they can prove within a preponderance of the material case factors that the injured claimant had the injury prior to arriving at work or had the same injury at an earlier date.
- Self-Injury
- All states allow an employer to reject a workers’ compensation claim when the worker injured themselves. Many states such as Ohio also allow a defense when the worker was intoxicated at the time of the injury. Normally when the injured employee is in discharge of work duties in any manner at the time, the claim cannot be legally denied, even though the employer can contest any injury claim and make the claimant prove the claim. It is important to remember that the employee must prove their case.