Safety in the workplace should be one of the top priorities for any company. Unfortunately, safety cannot always be guaranteed and injuries caused by accidents occur regularly. These injuries could be fairly minor or they can leave you permanently disabled and affect your ability to work. The Columbus workers’ compensation lawyers at O’Connor, Acciani & Levy will fight for your rights as an employee. With more than 30 years of combined legal experience, our knowledgeable injury attorneys have the skills needed to help you file a successful workers’ compensation claim and help ensure you receive the maximum compensation you are entitled. Contact us today for a free consultation.
Why Does a Person Need a Workers' Compensation Attorney?
Being a lone employee in a legal dispute with the company that you work for is an overwhelming burden. You are one person going up against an institution with mass amounts of resources at its disposal. Some companies will do everything possible to prevent or downplay the level of compensation that an employee is able to receive for his or her injuries. Hiring a workers’ compensation lawyer will improve your chances of fair treatment and gaining the maximum compensation you need to support you and your family. Having a workers’ compensation attorney in Columbus on your side will guard you from being exploited by the legal loopholes that companies might use to their advantage to escape liability or having to offer financial support. Our workers' comp law firm has more than 30 years of combined experience fighting for the rights of our clients in the face of adversity. Hiring one of our workers' compensation lawyers will bring you closer to recovering the payment that you may be entitled.Filing for Workers' Compensation
Ohio is a no-fault state, which means benefits are payable regardless of fault or cause of a workplace injury. An employee should be entitled to workers’ compensation regardless of if the employer or the worker was responsible for causing the accident. However, in order to qualify for workers’ compensation, there are certain requirements that must be proven:- A legally recognized employer/employee relationship must be established.
- The injury you are seeking compensation for must have occurred on the job site while you were scheduled to be working.
- In order for your claim to be compensable, the injury must have been accidental in character and result.
- The injury that occurred must be directly related to performing the job you were hired to do.
What Is Workplace Liability?
Regardless of the actions or behavior you displayed before the accident occurred, your employer has to compensate you for your medical bills and a portion of your lost wages relating to the injury. The employer has the burden of proof to dispute your claim, which means it is up to them to present evidence as to why your claim should not be approved. There are certain behaviors that employers can use against their workers to dispute a claim. These include:- Rough housing or fighting on the job site
- You were intoxicated while at work or excessive amounts of drugs and/ or alcohol were discovered in your toxicology report.
- The related injuries occurred while you were being covered under union pay and compensation.
How to Protect Yourself From Retaliation From an Employer
In Ohio, it is illegal for an employer to discriminate or retaliate against you in any way during or after you have filed a workers’ compensation claim. It is important that you able to identify retaliation from your employer. Such tactics include:- Threats of terminating your employment
- Reducing your wages or work hours
- Workplace intimidation
- Demotion
- Suspension