Every week, at least one Ohio employee dies due to a work-related incident. Many more suffer disruptive injuries and illnesses while performing their duties. Ohio employees can file for workers’ compensation when they get hurt. However, there are still problems with the state’s work injury laws that make it difficult for employees to get compensation and justice.
Employers Blaming Workers for Getting Hurt
It’s not unheard of for a company to claim their employee passed away due to lifestyle choices and not the 30-ton steel coil falling on them. Even with “no-fault” workers’ comp in Ohio, an employer can deny responsibility by pointing to a non-work factor, such as employee intoxication, rather than exposure to dangerous chemicals.
Burden of Proof on the Employee
Even when workers get hurt or suffer fatalities through no fault of their own, workplace safety regulations aren’t always on their side. According to ORC 2745.01, employers can’t be held liable for the death of an employee unless it can be proven that the injury was intentional. This law, otherwise known as employer intentional tort law, prevents grieving families from filing a wrongful death lawsuit against an employer.
Short Statute of Limitations
If you want to file a workers’ comp claim, you only have one year to do it in Ohio. This deadline was shortened from two years to one year in 2017. The statute of limitations starts the day the injury or death occurred or when one becomes aware of the injury. However, alerting your employer to your injury is not sufficient. You also must file a formal claim with the Ohio Bureau of Workers’ Compensation (BWC), which takes time. As you gather the required documentation and look for a Cincinnati personal injury attorney who does workers’ comp claims, the clock keeps ticking.
Work Safety Violation Penalties Too Lenient
Some companies have several hundred safety violations on their records. Some fines for these infractions are as small as a few thousand dollars – barely noticeable for companies making hundreds of millions of dollars every year. To some employers, paying these small fines is just the cost of doing business. When there is no risk of a lawsuit, and the penalties are small fines, there is little incentive to address safety violations or ensure a safe working environment for employees.
Benefits of Legal Representation for Your Work Injury
Companies are responsible for the safety and well-being of their employees. However, some employers don’t always hold themselves to the required standards. Getting legal representation for your workers’ comp claim can level the playing field. At Clements, Taylor, Butkovich & Cohen, LPA, Co., we prioritize our clients’ rights to fair compensation when they get hurt on the job and can’t resume work. Contact us today if you need to file a workers’ compensation claim or are facing obstacles to getting your benefits.