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Cleveland Workers’ Compensation Attorney

Standing Up For The Rights Of Injured Workers In Ohio

At the law firm of Bashein & Bashein, our resourceful attorneys are committed to helping injured workers get the workers’ compensation benefits they are entitled to for their on-the-job injuries. Our lawyers are extremely resourceful and will explore every available option for benefits as we work to ensure justice in your case.

We know it’s tough. You have worked hard for years and now find yourself unable to work, temporarily or permanently, as a result of injuries you have sustained at work. It may feel like nobody is on your side, but we are. You can count on us to give you the one-on-one legal counsel you need as you seek the full benefits you deserve. To discuss your options with a Cleveland workers compensation attorney in a free consultation, contact us today.

Trust the Workers’ Compensation Attorneys at Bashein & Bashein

  • Our firm has extensive experience in workers’ compensation law and have represented injured workers across Ohio. We understand the complexities of these cases and can advocate for your right to fair benefits.
  • Our firm maintains a case success rate of over 99%. We will leverage our skills, resources, and knowledge to craft a compelling claim in your favor.
  • Our lawyers believe firmly in upholding trust, integrity, and transparency throughout the claims process. We will communicate with you throughout your claim so that you can know what to expect.

Ohio Workers’ Compensation Laws and Requirements

In Ohio, every business with at least one employee is generally required to carry workers’ compensation insurance. Workers’ compensation pays for expenses related to workplace injuries, such as medical care and wage replacement. The Ohio Bureau of Workers’ Compensation (BWC) oversees this coverage and decides whether or not workers are eligible for benefits.

There are some exceptions to the workers’ compensation requirement. Employees in the following positions are not usually eligible for coverage:

  • Volunteer workers
  • Household workers such as babysitters, gardeners, and housekeepers who make less than $160 per quarter

Additionally, business owners, limited liability companies, sole proprietors, and partners in business partnerships do not need to carry workers’ compensation coverage. If you are unsure whether your employer is required to provide this insurance, speak to a Cleveland workers’ compensation attorney at Bashein & Bashein.

Helping Injury Victims Get The Workers’ Compensation Benefits They Deserve

What exactly are you entitled to? It depends on a number of factors, including your age and whether you are capable of returning to work on a full or part time basis, if at all. We handle all aspects of workers’ compensation for our clients, including:

If you’ve been injured, you need to notify your employer that you have been hurt and, before signing anything or making a statement to the insurance company, contact us so we can begin investigating your case.

How to File a Workers’ Compensation Claim in Cleveland, OH

After a workplace injury, you have one year from the date of your accident to file an official claim with the BWC. Once you have received medical care, you should inform your employer of your injury or illness as soon as possible. Then, you will need to file a report with the BWC.

To notify the BWC of your claim, you will need to complete a First Report of an Injury, Occupational Disease, or Death (FROI) form. This document includes several pieces of information about your accident, such as:

  • Your name, wage rate, work schedule, and personal information like your Social Security number, number of defendants, and date of birth;
  • Where you received medical care and the name, contact information, and diagnosis of the healthcare provider; and
  • Your employer’s workers’ compensation policy number, contact information, and whether your employer believes that your claim is valid.

Your doctor and your attorney can help you fill out this form and include all of the necessary information to prove your claim. The BWC will evaluate your report and issue a decision within 28 days.

If your claim is denied, you have the right to file an appeal within 14 days of receiving the order. Your lawyer from Bashein & Bashein can help you prepare for the appeal and file the necessary paperwork to initiate the process.

Can You File a Lawsuit After a Workplace Injury?

While workers’ compensation coverage usually prevents you from filing a lawsuit against your employer, there are some situations where you could pursue litigation. If a negligent third party causes your accident, such as a co-worker, visitor, contractor, or product manufacturer, you could file a lawsuit against that person. You could also file a lawsuit against your employer if they do not carry workers’ compensation coverage despite Ohio law.

How Much Is Your Workers’ Compensation Claim Worth?

Benefits in workers’ compensation claims depend on the losses that you suffered as a result of your injury. Different people are eligible to recover different types and amounts of benefits. For example, if you suffer a very serious injury that leaves you completely and totally disabled, your award will be higher than an employee who suffers a relatively minor repetitive stress injury.

You have the right to recover benefits for the full value of your reasonable healthcare expenses, vocational rehabilitation, and travel expenses for medical treatment. If you lost a loved one due to a workplace injury, you could secure survivor benefits equal to two-thirds of your loved one’s average weekly wage and up to $7,500 for funeral expenses.

If you suffer a temporary or permanent disability, you could recover disability benefits in the following amounts:

  • Temporary Partial Disability or Wage Loss Benefits: After a workplace accident, you may be unable to perform your regular job due to your injury but can work in another position or on a reduced schedule. In this situation, you can recover temporary partial disability or wage loss benefits equal to two-thirds the difference between your current and pre-injury wages, up to the statewide average weekly wage (SAWW).
  • Temporary Total Disability: If you are completely unable to work after your accident, you could recover temporary total disability benefits. For the first 12 weeks after your injury, you can recover up to 72% of your pre-injury wages, up to the SAWW or your take-home pay before the accident. For the next 12 weeks, your benefits will be two-thirds of your pre-injury wages up to the SAWW.
  • Permanent Partial Disability: If you have a permanent impairment due to your workplace injury, you could recover permanent partial disability benefits. The BWC may calculate these benefits based on the percentage of your overall disability or the loss of certain parts of your body. You may also receive an award for serious disfigurement.
  • Permanent Total Disability: If you are left permanently and totally disabled due to the accident, you could recover permanent total disability benefits. You are eligible for these benefits if you are unable to hold long-term employment or have completely lost the use of both of your hands, feet, arms, legs, eyes, or a combination of these body parts. These benefits last for life and are equal to your temporary total disability benefits.

It can be difficult to know which benefits you can receive and how much you are eligible to recover. Your attorney from Bashein & Bashein can help you estimate the value of these benefits and evaluate any offers made by the BWC to ensure that the award meets your needs.

Working Hard To Get Maximum Workers’ Compensation Benefits For Injured Workers In Ohio

Whether through negotiation or litigation, we will use our extensive experience, skill and resources to help you get every benefit you are entitled to. Call 216-771-3239 or toll-free at 800-771-4457 or send us an e-mail today to schedule your free consultation.