Reckless / Intentional injuries
A worker’s fault is irrelevant in Workers’ Compensation claims, so we can help you prevail even if you were hurt due to your own carelessness. We are experienced in workplace injuries and can get you get the compensation you deserve.
Filing a claim can be confusing and it is important that you start things right. One wrong turn can lead to a denial. Thus we ask that you call us at the outset, even before you file the Initial Report of Injury (the C-1 form), to allow us to make sure that you covered all your bases. Starting things right will eliminate unnecessary delays and hearings.
Though most injuries that happen at work are accidental in nature, in some cases the employer may have acted willfully and exposed the worker to a known or foreseeable risk of injury. Other times, the employer may have removed safeguards from machines or ignored OSHA safety regulations thus exposing a worker to serious injury or death. The State of Ohio makes such an employer liable and grants an additional award for the violation of a specific safety requirement.
Moreover, if a worker is injured in a car accident while working, or when on an errand for the employer, he/she can pursue a Workers’ Compensation claim, as well as an insurance claim against the other driver. We can represent you in both claims and see to it that you get the maximum recovery possible.
Please contact us at your earliest convenience so we can timely protect your rights to a full recovery. Call Dimitrios Makridis at (614) 349-4490, or Irene Makridis at (330) 394-1587, today for a free consultation today. Let our 33 years of experience help you in your Workers Compensation claim.
What is a work-related injury?
Any injury sustained by an employee performing duties related to their job is considered work-related. These can include a sudden accident or repetitive motion trauma (for instance, a typist developing carpal tunnel syndrome), or any illness stemming from the nature of an individual’s work.
Does my injury qualify me for workers’ compensation?
Workers’ compensation is available to workers who suffered physical injuries, repeated trauma injuries, mental injuries (so long as there is also an accompanying physical injury or illness), and occupational diseases.
How much time do I have to report my injury?
An injury should be reported to an employer immediately — typically by completing an incident report. You should also seek medical attention as soon as possible with your doctor or closest emergency room. Clearly state what happened and how you got hurt. In any event, you have two years from the time of the injury to file a claim with the Bureau of Workers’ Compensation.
What benefits am I entitled to?
All medical treatments, testing, rehabilitation, and prescription drugs associated with your injuries. Also, some or all of the following benefits may be available:
- Wage Loss Benefits – Wage loss benefits are meant to compensate an injured worker for any reduction in earnings that result from restricted capacity due to limitations applied by his or her physician of record for injuries sustained in the claim. An individual receiving workers’ compensation is entitled to two-thirds of their gross wages from time lost, and a greater amount at the onset of the claim.
- Temporary Total Disability (TTD) – This benefit is payable to injured workers to replace their lost income while recovering from their injuries. Benefits may be granted when a physician of record determines that a worker’s injuries prevent him or her from returning to his or her former position of employment on a temporary basis.
- Permanent Partial Disability Benefits (PPD) – PPD benefits are available when a certain percentage of a worker’s injuries are expected to remain permanent (an injury is not expected to fully heal) based on medical examination and review.
- Permanent Total Disability (PTD) – If an injured worker is permanently unable to return to the workforce, PTD benefits compensate the injured worker for the loss of his or her earning capacity. Compensation for PTD is payable for life.
- Disabled Workers’ Relief Fund (DWRF) – DWRF is a supplemental fund that provides relief to an injured worker who is already receiving PTD benefits, but receives less than state mandated minimum benefit levels. DWRF provides an annual cost of living adjustment for an injured worker.
- Facial Disfigurement (FD) – FD is a one-time award given to a worker who has suffered facial disfigurement that has the potential to hinder his or her ability to return to work.
Can my employer fire me?
Can I sue my employer?
Workers’ compensation is an exclusive remedy, meaning an employee cannot bring an injury claim against their employer. An employee can, however, file suit against a third party believed to have contributed to an accident and injury. Also, only an employee injured by an employer’s intentional tort may sue the employer for job-related injuries.
What if I caused my own injury?
The Ohio Workers’ Compensation system is a no-fault system. This means that benefits are not determined by looking at who was at fault for the injury. The BWC and the Industrial Commission will give the same consideration to your claim, regardless of whether the employer is at fault, you are at fault, or no one is at fault. The exception to this rule is if an employee’s injury was caused by any form of intoxication on the job or with willful intent to harm oneself.
What should I do if my employer won’t report my injury?
This is against the law. Call us immediately. Also, if your workers’ compensation claim has been denied by your employer or if you are receiving inadequate benefits, we may be able to help. We may also be able to assist in third party claims against entities other than your employer.
What if I had a previous injury or condition that got worse?
An injury or condition that existed prior to your employment may be claimed if it has been significantly aggravated or worsened while performing work-related activities. Furthermore, pre-existing problems serve to complicate your condition and make it more likely to be injured at work.