Settlement of workers compensation claims is possible, and our team of work accident lawyers here at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. can help you determine if settlement is an option for you and your case. In doing so, some of the first information to understand includes the types of claims that are covered by workers compensation. These include but are not limited to:
- Injuries suffered from faulty furniture or physical property of the company, such as a broken chair
- Injuries sustained while participating in an activity that is hosted by the company, such as a holiday party
- A medical condition that existed before you began work that has been substantially aggravated by your working conditions
- Diseases that developed after prolonged exposure to dangerous substances
- Psychological injuries directly related to physical injuries may also be covered.
Not All Injuries Are Covered
We can help you to determine whether or not your injury or illness is likely to result in settlement of a workers compensation claim, but not all injuries will fall into this category. Here are some examples for your reference of injuries that are not covered:
- Injuries incurred from behavior that could be considered “wild horsing around”
- Injuries resulting from an employee’s state of intoxication (even at a holiday party)
- Purposeful self-inflicted injury
Do I Have to Have Sought BWC Medical Care to Qualify?
At the time of the injury, you do not need to get your medical care from a facility associated with the state’s workers compensation bureau. Your care could be through any licensed medical care provider, be it a hospital, a chiropractor, an urgent care facility, a general practitioner, or any other licensed provider. While initial care is covered, any continued care would need to be through a BWC certified professional.
How Do the Settlements Work?
As the Ohio Bureau of Workers’ Compensation states on its website, a settlement claim is a one-time claim. If a claim is awarded, the Ohio BWC issues it as a lump sum payment on one instance.
“Settlements can benefit everyone. Settlements can help employers reduce claim costs, which impact premium rates. And settlements can bring closure for the injured worker. Settlements also reduce the number of claims BWC has to manage, thus reducing the overall administrative costs.”
Why Would My Workers’ Comp Claim Be Denied?
There are a multitude of reasons why the BWC will deny a claim, but here are a few common reasons:
- You did not seek treatment for your injury – In order for a claim to be allowed, there must be medical documentation of an injury.
- You lack evidence that the injury was related to your job – In order for an injury to be compensable, it must have occurred within the course and scope of your employment.
- Your employer disputes the claim – If your employer says that horseplay led to the injury, or that it happened outside of the office or job site, the argument can be made that the injury did not occur within the course and scope of your employment
- You did not report the injury in time – The longer you wait to report the injury to your employer, the worse chance you have at making a viable claim.
- You did not file the claim in time – You only have one year from the date of injury in order to file a workers’ compensation claim.
Taking Care of Our Clients Since 1988
At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., we’ve been helping our clients win fair workers compensation since 1988. We represent families and individuals found throughout the Greater Cincinnati and throughout southwest Ohio. If you’ve found yourself injured and unable to work, call our law office today. We’ll schedule a free consultation with one of our compassionate attorneys who will help you understand the claim process as well as provide an estimate of how much your claim is worth. We’re a transparent law firm that prides ourselves in helping every one of our clients get the compensation they deserve.