Every year millions of workers are injured on the job. Workers’ Compensation is a set of laws that mandate how much benefit a worker will receive to compensate for a workplace injury. The laws vary from state to state. Most states require businesses with employees to have Workers’ Comp insurance in the event of injury. Thus, filing for Workers’ Compensation is similar to filing an insurance claim. An injured worker is not suing his or her employer when filing a claim. The worker is claiming benefits. Death benefits may also be available to the spouse, dependants, and, in some cases, the estate of an employee who dies on the job.
 

Almost any kind of injury caused while working can be claimed. An injury or condition that existed prior to your employment cannot be claimed unless it has been substantially aggravated or worsened while performing work-related activities.

Common injuries include back injury, burns, cuts, head trauma, asbestos exposure, eye injury, knee injury, exposure to harmful substances, work-induced heart attack, carpal tunnel syndrome or other injuries related to repetitive trauma, disfigurement, and other problems.
 

No. As long is your injury is in some way related to your job it should be covered by Workers’ Compensation. For instance, you should be covered if you were injured while traveling for business, running an errand for your place of employment, or even if you were injured at a job-related social event.

If you are uncertain as to whether or not your case is covered by Workers' Compensation, you should seek the opinion of a trained professional. Most firms, including Stocker Pitts Co., LPA, will evaluate your particular situation at no cost.
 

Workers’ Compensation provides for replacement of income, payment of medical costs, and sometimes will provide assistance for job placement if vocational rehabilitation is required after recovery from an injury. Workers’ Compensation benefits are helpful, but benefits received through this program tend to be relatively modest. Compensation is intended only to tide the worker over until he or she medically recovers from the injury and returns to the work force.

If you are temporarily unable to work, you will most likely receive about two-thirds of your regular wages through Workers’ Compensation. In Ohio, you are eligible for wage-loss replacement (called Temporary Total Disability, or TT) as soon as you’ve lost seven consecutive calendar days days of work. Your absence must be certified by a physician who has personally examined you.

If you become permanently debilitated because of your injury and are unable to do any work at all, you may be entitled to receive long-term payments called Permanent Total Disability Compensation, or PTD. The process for receiving these benefits is lengthy and complex. Benefit amounts are dependant on a number of factors including wages in the year before the disabling injury and whether or not the injured worker receives Social Security Disability benefits.

Lesser amounts of compensation can be paid to workers with partial disabilities. In Ohio these awards are paid as lump sums, except in cases of very serious injuries involving loss of a body part or function, such as amputations or blindings. Compensation for these injuries is determined by a schedule of benefits and paid over many weeks at a fixed rate which varies from year to year. 

Finally, Death benefits may be available to the spouse, dependants, or, in some cases, the estate of an employee who dies on the job.
 

In many cases it can be advantageous to negotiate a complete and final settlement of a claim, in which case a lump sum of money is paid in exchange for the injured worker giving up his or her right to ask for future medical costs and compensation payments. However, no party has the right to settle a claim. The worker, the employer, and the Bureau of Workers' Compensation must all reach agreement before a claim can be settled.

It is almost always advantageous for an injured worker who is thinking about settling a claim to secure expert advice from a legal professional knowledgeable in matters of Workers' Compensation. Employers and the Bureau of Workers' Compensation are in a much better position than the injured worker to evaluate the economic value of a claim and will always negotiate to their own advantage. Law firms like Stocker Pitts Co., LPA are experienced advocates of the interests of injured workers.
 

Since every case is unique, it can be beneficial to discuss the particulars of your case with an attorney who understands the complex Workers’ Compensation process. This way you will fully understand your rights. Some law firms, such as Stocker Pitts Co., LPA, offer free initial consultations with no obligation.

Some claimants hire attorneys as soon as the injury occurs, feeling more secure proceeding with Workers’ Compensation claims when a knowledgeable lawyer is leading them through the process, maximizing the potential benefits.

Other injured workers contact an attorney if conflict arises with the employer, the Bureau of Workers’ Compensation, or if there are other parties involved with the injury. Some seek advice when they wish to collect both Workers’ Compensation and Social Security benefits.

Every situation is different. If you have any questions or concerns about your case, it’s advisable to meet with an attorney. If you do hire the attorney, most will work with you on a contingency basis. This means that the attorney will not get paid unless you receive your benefits. Further considerations have been established by the Ohio Supreme Court. Click here to view this information.
 

Maybe. If an employee returns to work and receives wages equal to or greater than what he or she was making before the injury, then Workers’ Compensation may be stopped. However, if an employee receives decreased wages upon return to work as a result of the injury, then the worker may receive continued Workers’ Compensation benefits to some degree, though possibly at a lesser amount.