Workers Compensation Laws

People go to work every day and never think of the possibility that they could get injured or suffer an illness because of some aspect of their job.

Unless you have first-hand experience with on-the-job injuries, such an occurrence is seldom at the front of your mind. We all expect to work at our various places of employment without fear of illness, a workplace-related medical condition, or an injury.

Yet it happens daily; some employee gets injured and the workers compensation claim cycle begins. The experienced attorneys at the Cincinnati law firm of Clements, Taylor, Butkovich & Cohen, L.P.A., Co. are committed to serving injured employees with comprehensive and competent legal advice as they go through the process of filing a workers’ compensation claim.

Workers compensation is governed by state laws, and these laws vary from state to state. However, every business in Ohio is required to carry workers compensation insurance for their employees, even if they only employ one person. For extremely large companies with robust bottom lines, they may be able to act as their own insurance carrier.

xray of shoulderThe law defines workers compensation to be “no-fault,” which means liability is not sought in a workers’ compensation claim. The injured employee may, in fact, have been partially responsible for his injuries, but that may not seriously affect his claim. When an injured employee files a workers’ compensation claim, he is not filing a lawsuit; in essence, he is seeking to receive compensation for his illness or injury.

State workers compensation laws also afford protection to the employer from being sued by the injured employee. This allows the employee/employer relationship to avoid damage — especially if the injured employee is able and interested in returning to work. Some state laws also forbid employers from taking harsh actions, such as treating the worker unfairly or discriminating against an employee who has filed a workers’ compensation claim.

There are a few primary reasons why workers comp claims are denied:

  • The injury did not happen at work
  • Drugs or alcohol were involved at the time of the injury
  • The treatment was not handled by an approved medical professional
  • The injured party never sought medical treatment, or not within a given time frame
  • The injury was the result of a pre-existing condition, or the initial injury occurred before the time of initial employment
  • Horseplay or roughhousing caused the injury
  • The employer disputes the official account of the incident
  • The paperwork was not filed before a certain calendar deadline
  • The injured party did not notify the employer before a certain calendar deadline

The world of workers compensation involves many parties: the injured employee, the employer, the insurance carrier, and professional medical individuals. The paper trail can seem daunting at times. Place your trust and your claim in the hands of competent and dedicated workers compensation attorneys, like the ones at the law firm of Clements, Taylor, Butkovich & Cohen, L.P.A., Co. Let seasoned legal professionals handle your claim so you can spend your energy recovering.

For a confidential consultation to discuss the details of your case, please call us in Cincinnati at 513.721.6500, or contact us by using our web form.