Some of the people we meet with changes things that workers compensation it’s like being on a vacation. You’re getting paid to sit at home. What they don’t realize is that the clients we represent who are out on workers comp spent most of their time meeting with doctors and going to physical therapy. There’s nothing fun about suffering a workplace accident. Furthermore, while you’re out on workers compensation you don’t collect your full salary. You do receive benefits, however. And our employment lawyers in Cincinnati, Ohio work hard to make sure our clients receive the benefits they’re entitled to.
You Need to Qualify for Workers Compensation Benefits First
Before you concern yourself with how long you receive benefits for, you need to make sure you qualify for workers compensation first. There are certain criteria you must meet in order qualify for workers comp in Ohio. They include the following:
- Your accident must take place on company time and on company property
- you must report your accident to your manager or human resources immediately
- you must submit to a drug test if requested by your employer
- you must not be under the influence of drugs or alcohol at the time of your injury
- you must document your injury and fill out an incident report
- you must agree to be treated by a state- approved workers compensation doctor
- you must comply with your treatment plan
- you cannot work anywhere else while receiving workers comp benefits
As long as he meets these basic requirements, your workers compensation claims should be approved.
Your Employment Lawyer in Cincinnati, Ohio Will Make Sure Your Claim is Handled Properly
In order to receive benefits, you must miss at least seven consecutive days from work. After these seven days have passed, you’ll start to receive your weekly replacement wages. These wages will be equal to 2/3 of your average weekly wages. This number will be determined by going back 52 weeks and taking an average of your gross pay during that period.
These benefits will continue for a maximum of 200 weeks. This comes out to be just under four years. Of course, very few of our clients ever stay out on workers comp for that long. Most of them return to work in a matter of weeks or maybe months. A year is a long time for anybody to be out of work collecting worekrs compensation benefits. Of course, there are exceptions to the rule. If your injuries are extremely serious, you may need multiple surgeries. You may have to go to physical therapy for months. In cases like this, however, our employment lawyers in Cincinnati, Ohio would try to settle your case for a lump sum. This is often preferable to sitting back, waiting for your weekly benefits to come in.
There are 2 Ways Your Benefits Can End
Generally, there are two ways your benefits can end. As mentioned above, the 200 weeks can run out. If this happens, your Cincinnati, Ohio personal injury lawyer will have an independent doctor examine you to see if you’ve suffered any permanent injuries. If so, they’ll demand that you be compensated fairly.
In Ohio, as in most other states, there is something called a workers compensation schedule. This schedule lists the different types of injuries an employee may have suffered. For each injury type, there is a corresponding amount indicating what a person is entitled to should they end up partially or totally disabled. For example, if your doctor determines that you have suffered a permanent disability in your back of 30%, then your attorney would consult the schedule to see how many weeks of benefits it is worth.
The other way your benefits can end is if your workers compensation doctor determines that you’ve reached maximum medical improvement. This occurs when your doctor feels that no further treatment will improve your medical condition. At this point, you’ll be expected to return to work. If you refuse or have decided you don’t want to return to that employer, your benefits will terminate. Before you make this kind of decision, make sure you discuss it with your Cincinnati, Ohio personal injury lawyer.
Your Cincinnati, Ohio Personal Injury Lawyer Will Try to Settle Your Case
As stated above, rather than continue to collect workers compensation benefits for months or years on end, your Cincinnati, Ohio personal injury lawyer will try to settle your case. They’ll reach out to the insurance company and see what they’re willing to pay to settle your claim.
It is very rare that you will settle for the full amount of your claim. There has to be an incentive for the insurance company to resolve the matter rather than let your claim run its course. However, your employment lawyer in Cincinnati, Ohio will make sure your settlement is fair. They would never encourage you to accept a settlement that doesn’t adequately compensate you for your injuries.
Meet with an Experienced Employment Lawyer in Cincinnati, Ohio Right Away
If you want to make sure your workers compensation claim is handled properly from the start, it’s a good idea to hire an employment lawyer in Cincinnati, Ohio. The sooner you get your attorney involved, the better. If your employer knows that you don’t have an attorney, they are more willing to deny your claim. They’ll also be more likely to pressure you to come back to work before you’re ready. Rather than have this happen, you should meet with one of our Cincinnati, Ohio personal injury lawyers right away.
We suggest you contact our office so you can schedule your free, initial consultation. Take the time to sit down with an attorney who has years’ worth of experience handling workers comp cases in Ohio. They’ll make sure you get the benefits you deserve and, if warranted, a payout for any permanent disability you suffer. Since your consultation is free, and you don’t pay your Cincinnati, Ohio personal injury lawyer anything upfront, you have nothing to lose.