Let a Workers’ Compensation Attorney Help After a Workplace Injury
In the aftermath of a workplace injury or accident, you want a workers compensation attorney who will not only get you what you’re owed but someone who can offer you peace of mind in an otherwise adverse time. The team at Marshall Grinder Debski Pitts Law Firm has 40+ years of experience doing just that and was founded on the principle that each and every client is entitled to improving their quality of life.
Whether you plan to apply for workers’ compensation or need to appeal a denied claim, our workers’ compensation attorneys in Akron are here to lead you through the process.
In an already difficult situation, you deserve to focus on healing and rebuilding, not struggling through paperwork and denied claims. Put your trust behind one of our workers’ compensation attorneys who will work to get you the full benefits you’re owed and will address your concerns with compassion, professionalism, and attention to detail.
What’s The Purpose of Workers’ Comp?
Workers’ compensation laws and regulations differ in each state, but the overarching reason for these benefits is to help individuals that have suffered an accident or injury in the workplace.
Depending on your specific situation and injury, your workers’ comp benefits will likely help with medical costs, such as emergency care, doctors’ appointments, prescriptions, and other ongoing treatment you may need.
If your work injury causes lost or reduced wages, then your workers’ comp benefits may also cover payment of temporary total disability compensation or wage loss compensation. Your workers’ comp claim may also include a percentage of permanent partial disability award, or for severe injuries, payment of permanent total disability benefits. In the unfortunate circumstance of a work-related death, Ohio workers’ comp may also cover death benefits to surviving family members.
Specific entitlement to benefits is often a complicated analysis. A knowledgeable workers’ comp attorney can advise you as to what benefits you may be entitled, based on years of experience practicing in Ohio.
About Workers’ Comp
Workers’ compensation claims, if accepted, will get you the aid you need. However, there are certain scenarios to be aware of before you enter into the claims process.
First, if your employer tells you that you shouldn’t file a workers’ comp claim or threatens you in any way, that is against the law. A company cannot instruct an employee to not file a claim, and you should immediately contact the Human Resources department or the Ohio Bureau of Workers’ Compensation. If you and your employer continue to disagree about the claim, you have the right to a hearing to resolve the dispute. A hearing can be an intimidating process, so if you find yourself in that situation, a workers’ comp attorney representing you may certainly put your mind at ease.
It’s also important to know that, in most cases, you cannot sue your employer for a work-related injury. Employers are typically protected from negligence liability when a worker is injured on the job. If you are injured at work, filing a workers’ comp claim is usually your only option. However, if your work injury was caused by a third party while you were working, you may be able to receive workers’ comp benefits and sue the responsible party. Advice of a workers’ compensation attorney who has extensive knowledge in the field and can help you navigate that process.
Why Is My Workers’ Compensation Claim Getting Denied?
If your workers’ compensation claim has been denied, it’s natural to feel frustrated. The process can seem endless and overwhelming, and the rules vary state-by-state, so there’s no textbook answer to your problems.
But don’t panic. Our team of dedicated attorneys understand the Ohio workers’ compensation system and can provide the assistance you need. It may also be helpful to understand a few possible reasons why your claim was denied.
Here are some common causes:
The claim wasn’t filed on time
You did not give a detailed enough explanation of the accident or injury
Your employer has disputed the claim
The medical records are different from your claim
The injury did not occur in the workplace
Even if you didn’t anticipate problems or your employer disputing the claim, it is common for claims to be denied by the Ohio Bureau of Workers’ Compensation (BWC) or by a self-insured employer. Having more workers’ compensation claims can increase your employer’s insurance premium, which means it’s in their financial interest to contest claims.
If your claim is denied, you have 14 days to file an appeal in the State of Ohio. If you appeal, you’ll have a hearing before the Industrial Commission of Ohio. Before this hearing, you’ll want to connect with a workers’ comp attorney in Akron who will represent you to help you pursue all the workers’ comp benefits to which you’re entitled.
Do I Need To Hire A Workers Compensation Attorney?
Before you understand the process of working with a workers’ compensation attorney, first make sure you have the information you need to make a decision.
There are certain times when you may strongly consider hiring a lawyer:
Negotiating With Insurers: If your employer or the Ohio Bureau of Workers’ Compensation (BWC) pushes back against your claim, you’ll want a workers’ compensation lawyer beside you. Whether your employer’s workers’ comp coverage is private or state-funded, you may find that your employer, for cost-saving reasons, contests your claim or need for treatment. In these situations, your employer and the Ohio BWC have their own lawyers who are experts in minimizing workers’ comp claims. You need an experienced worker’s compensation attorney to stand beside you and represent your best interests.
Workers’ Comp Hearing: Workers’ comp hearings do not happen in every case. However, if certain issues are contested by your employer or the Ohio BWC, a hearing before the Industrial Commission of Ohio is likely. As a legal proceeding, hearings can be intimidating, and you’ll want competent counsel by your side. Our attorneys not only bring decades of experience in the field but a thorough understanding of your case and your needs.
Workers comp attorneys are helpful in a variety of situations, so even if your case hasn’t progressed yet to a hearing, call Marshall Grinder Debski Pitts Law Firm today for a free consultation. We will make sure you know your rights regarding your workers’ comp claim and help you pursue lost wages and medical treatment so you can get back to work.
What To Do If You’re Injured While Working
First and foremost, if you’ve suffered a workplace injury, you should immediately report the accident to your employer. Once your employer is aware of the accident they should give you forms to fill out to file for workers compensation, but if they don’t, contact Marshall Grinder Debski Pitts Law Firm or the Bureau of Workers’ Compensation (BWC) to receive an application.
The other critical action to take is to seek medical help. If your employer does not help with this, then you may need to find your own medical provider who is an Ohio Bureau of Workers’ Compensation certified provider. Finding a provider who accepts workers’ comp coverage is not always easy in Ohio, but it’s important if you want your medical bills to be paid under your workers’ comp. claim. Marshall Grinder Debski Pitts Law Firm can help you with this.
Alternatively, your employer may send you to a provider or facility of their choosing. This may make you question whether you’re getting the best medical care for your work injury. The lawyers at Marshall Grinder Debski Pitts Law Firm are committed to making sure you know your rights in Ohio. You have the right treat with a doctor of your choosing, so don’t wait to contact us so we can guide you through this process.
Then comes the process of finding representation and seeking the right workers’ comp attorney. What you deserve is an attorney who will listen, understand, advise, and fight for your full benefits. At Marshall Grinder Debski Pitts, we understand that a workplace accident can be physically, emotionally and financially devastating. The lawyers at Marshall Grinder Debski Pitts are here to help every step of the way.
Call today and connect with a workers’ compensation attorney in Akron.
Workers’ Compensation Common Questions
It’s likely that your workplace accident or injury was completely unexpected, and you likely have dozens of unanswered questions. First and foremost, call our lawyers and attorneys to set up a free consultation at no charge. We want to hear from you and what your questions and concerns are so we can fight to get you the full benefits to which you’re entitled.
Here are some frequently asked questions and concerns:
How do I know if my injury is covered by Workers’ Compensation?
Almost any acute injury caused while working in the service of your employer can be claimed. In some circumstances, even a medical condition that was pre-existing and not related to work can be covered under a workers’ comp claim if your job duties or work environment has caused that medical condition to substantially worsen.
Some common injuries filed under workers’ comp include: head trauma, neck and back injuries, carpal tunnel syndrome, and knee and shoulder joint injuries. Call Marshall Grinder Debski Pitts today if you or your doctor suspect a medical condition may be work related.
What benefits are included under workers’ comp?
Workers’ compensation benefits include replacement of income, payment of medical costs, and occasionally assistance for job placement. In rare circumstances, lifetime benefits may be awarded if your work-related injury has disabled you from any future employment. Keep in mind that while this may seem extensive, these benefits are usually modest. The purpose of workers’ comp benefits is to keep workers stable and treat their injuries until they can return to work again.
If the injury or accident causes only temporary time off work, you may receive a portion of your wages through workers’ compensation for the duration of that period. However, the Ohio BWC’s analysis of your claim and whether you’re entitled to those benefits is complicated. Benefits are not guaranteed just because you miss work due to your injury. Our lawyers will advise you of your rights to compensation, and pursue all benefits to which you’re entitled.
If you’re permanently unable to work due to the injury, you might be able to receive lifetime benefits called Permanent Total Disability Compensation (PTD). Again, your rights to this type of compensation requires a legally technical analysis that relies on a number of different factors. It’s helpful to have an expert workers’ comp attorney on your side.
Will my benefits be taxed?
Ohio does not tax these benefits, and most states do not. The federal government also does not tax workers’ compensation benefits.
What To Expect From A Workers’ Comp Attorney
The attorneys at the Marshall Grinder Debski Pitts Law Firm will protect the rights of workers who have suffered a workplace injury and either need to apply for workers’ compensation or have been denied benefits. Our top priority is providing you the best possible representation to get you the full benefits you’re owed.
Before committing to working with a workers comp attorney, we understand that you have questions or concerns about the process. It’s why we’re here and why we offer a free consultation, so you can discuss your case without feeling like you have to commit immediately.
For most workers’ compensation cases, cases are handled on a contingency basis. What this means is that no retainer is required (in most instances). For our attorneys, this is not about getting your case settled quickly so we can move on to the next client. We truly take the time to connect with you, hear your story, and serve as a source of expertise and peace of mind throughout the process.
About The Team At Marshall Grinder Debski Pitts
Here at Marshall Grinder Debski Pitts, client communication is our top priority, and we are here to answer your calls. When you choose to work with our attorneys, you’re choosing a firm with 40+ years of experience, attention to detail, care and compassion, and support every step of the way.
We focus on cases involving workers’ compensation, social security disability, veterans benefits claims, and evaluation of all legal matters. Our lawyers and staff understand each client requires a new perspective and a different understanding of their case. We’re here to help and support you, and use our expertise to resolve your situation.
Our lawyers are members of acclaimed organizations, such as the Akron Bar Association, The Ohio Association of Justice, and the Workers’ Law and Justice Group. Our attorneys, past and present, have worked in a variety of related roles such as an adjunct professor of workers’ compensation law at the University of Akron School of Law, as a settlement advisor with the Ohio Bureau of Workers’ Compensation, and as a District Hearing Officer for the Ohio Industrial Commission (IC), the agency that holds hearings should in a workers’ compensation dispute. Real-world experiences like these further add to the knowledge and insight within our offices.
If you are seeking help with a workers’ compensation claim, call Marshall Grinder Debski Pitts Law Firm to get started. This team of dedicated lawyers will take the time to understand your case and your needs, and will work to get you the full benefits you are owed. If you need a workers’ comp attorney in Akron, you have come to the right place.
Don’t wait. Schedule a free consultation today, and for immediate assistance, call us toll-free at (330) 762-0280.