Ohio Workers' Compensation Lawyer
Stow Law Firm Serving Clients in Northeast Ohio
On-the-job injuries disrupt your entire life. Benefits you receive as an employee under the Ohio workers' compensation system lessen the financial strain — but sometimes you need a lawyer's assistance to get that compensation. At Perduk & Associates Co., L.P.A., we can help if you suffer serious work injuries and do not get the full financial compensation you deserve. From our office in Stow, we assist clients in Cuyahoga County, Medina County, Portage County, Stark County, Summit County, Wayne County, and surrounding areas.
Workers' Compensation Benefits
Ohio law requires employers to purchase workers' compensation insurance to cover employment-related illness and injury. When workers' compensation covers an injury, an employee cannot sue the employer for additional compensation.
Under the system, injured workers receive several different types of specified benefits. They include reimbursement of expenses, such as:
- Medical benefits for authorized medical treatment for a work injury
- Mileage reimbursement for medical treatment
- Meals and lodging for medical treatment, in some circumstances
- Vocational rehabilitation
- Living maintenance while in vocational rehabilitation
Wage-related benefits are fixed by state law. There are several different levels of benefits.
Temporary Total Disability Benefits
If an injury requires more than seven days of absence from work, workers' compensation pays temporary total benefits. The first week is not paid unless the disability continues for more than two weeks.
The amount of compensation depends on the worker's typical wages and on whether the disability is total or partial disabled. Benefits are a percentage of the worker's average weekly wage. There is a cap on the maximum weekly benefit. The maximum benefit period is 200 weeks.
Permanent Total Disability Benefits
If a doctor determines that a worker has a permanent and total disability after reaching maximum medical treatment for a work injury, weekly payments at the temporary total disability rate continue for life. For workers' compensation purposes, a permanent total disability is one that:
- Leaves the worker unable to hold gainful employment for the long term, or
- Involves total loss of both eyes, hands, arms, legs, or feet, or any two of those parts of the body
Permanent Partial Disability Benefits
For a permanent partial disability based on a doctor's determination, workers' compensation pays specified amounts for:
- Scheduled loss of use benefits for certain body parts
- Percentage losses for a permanent impairment determined by a medical examination
- A set amount for disfigurement of face or head that impacts the ability to find work
Wage Loss Benefits
Workers who are not able to return to their prior position after an injury may receive wage loss benefits.
This benefit compensates for part of the difference between after-injury earnings and average wages before the injury. Wage loss benefits last for up to 200 weeks. They also are available for up to 52 weeks while the worker looks for a new job.
When Should You Talk with a Lawyer About Your Workers' Compensation Benefits?
If you suffer a work injury covered by workers' compensation, you have the right to talk with an attorney at any point. If you have concerns about your benefits or if your claim was denied, you should exercise that right.
At Perduk & Associates, we never charge a fee for your initial consultation. Attorney David Perduk uses his extensive experience in workers' compensation cases to help clients understand their rights and pursue the full amount of compensation they deserve.
In some cases, depending on your injury and recovery, you may not need to talk with an attorney. If all the following are true, legal representation may not be necessary to receive full compensation:
- Your injury is short-term and not severe,
- You can go back to work within a short amount of time,
- You do not have an extended or permanent injury or disability, and
- All your expenses are paid by workers' compensation.
However, it is in your best interest to talk with a lawyer to make sure you receive all your benefits in these situations:
- You suffer a serious injury requiring significant treatment and recovery or any kind of permanent loss
- Your medical expenses are not paid in full
- Your claim is denied
Workers' compensation laws and benefits are very complex. If a claim is denied, the appeals process has several different levels. You should not try to navigate appeal of a claim on your own. There are deadlines for appealing workers' compensation claim denials. Do not delay getting legal help if you are notified that your claim was denied.
There are specific situations when you definitely should consult a lawyer about your work injuries, even if workers' compensation covers your expenses and pays your benefits. They include:
- If your injury occurred when you were using equipment or machinery: In that situation, you may have a personal injury claim against the manufacturer if the product was defective or inherently dangerous.
- If a third party caused your injury: If someone other than your employer or a fellow employee caused your injury by negligence or intentional conduct, you may have a personal injury claim against that other person. For example, if your work injury occurred in a car accident that was caused by another driver, you may have a claim against the driver.
These types of claims are in addition to workers' compensation, not instead of it. Any third-party claim arising from a work injury requires the assistance from an attorney experienced in both workers' compensation and personal injury cases. If your situation involves a potential personal injury claim, you should not attempt to negotiate the claim on your own.
Contact Us for a Free Consultation with a Trusted Northeast Ohio Workers' Compensation Attorney
We welcome you to contact us about your workers' compensation claim if you have concerns about compensation, your claim was denied, or a third party caused your injury. At Perduk & Associates, we do not charge a fee for your first consultation.
From our office in Stow, we serve clients throughout Northeast Ohio, including Cuyahoga County, Medina County, Portage County, Stark County, Summit County, Wayne County, and surrounding areas. We provide legal services to clients in Akron, Canton, Cleveland, Cuyahoga Falls, Hudson, Kent, Medina, Stow, Tallmadge, Wadsworth, Wooster, and other nearby cities and towns.
Call us at 330.688.1072 or use our online contact form to set up your free initial consultation.