Many workers’ compensation claims reach a settlement without the parties going to court. If you’ve been injured at work and qualify for workers’ comp, our team of work accident lawyers at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. can help you decide if settlement is the best option for you. According to the Ohio Bureau of Workers’ Compensation (BWC),
“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.”
To understand the settlement process, it first helps to know what types of claims workers’ compensation covers. These include but are not limited to
- Injuries from faulty furniture like a broken chair or other damaged physical property that belongs to your employer
- Injuries resulting from activities your company hosts or sponsors, such as a holiday party or awards event
- Working conditions that have worsened a medical issue you already had before you began working for your employer
- Developing a disease because of prolonged exposure to dangerous substances or chemicals in your workplace
- Incurring psychological damage or trauma directly related to a physical injury at work
However, not all workplace injuries are eligible for workers’ compensation coverage:
- Purposeful self-inflicted injury
- Injuries resulting from behavior that could be considered “horseplay” or “fooling around.”
- Injuries resulting from chemical or alcohol intoxication, including holiday parties or celebrations taking place at work
Do I Need to Seek BWC Medical Care to Qualify?
When you seek initial treatment for your workplace injury, you do not need to go to a medical facility associated with the Ohio BWC. You may seek care through any licensed medical care provider, general practitioner, or other healthcare professional. However, you must go through a BWC-certified professional or facility for any continued care to be covered.
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.
How Do Workers’ Comp Settlements Work?
After carefully reviewing your case, we can help you determine whether you might be able to settle your workers’ compensation claim. Regarding workplace injuries covered by workers’ comp, a settlement is an agreement between your employer, you, and the BWC for a specified amount to be paid out on a claim. According to the Ohio BWC, a settlement claim issues a one-time lump sum payment. There is no possibility for additional payments or benefits once a settlement is final.
Taking Care of Our Clients Since 1988
Clements, Taylor, Butkovich & Cohen, L.P.A., Co., has been helping clients receive fair settlements on their workers’ compensation claims since 1988. We work with individuals and families throughout Greater Cincinnati and southwest Ohio to help them get the compensation they deserve. If you have suffered a work-related injury and cannot work, call our law office today at 513.721.6500 to schedule a free consultation. You’ll work with a committed attorney who will guide you through the claim process and generate an estimate of how much payment your claim may bring.