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Workers Comp FAQs

Workers' Compensation

I’ve been injured at work, what should I do?
How do I protect my rights?

Answer:

  1. If your injury is a non-emergency, notify your supervisor or department-head immediately. Fill out the appropriate incident report and always ask for a copy. For serious injuries you should seek medical attention first.
  2. Go to the emergency room, or see a physician as soon as possible.
  3. Contact a competent attorney. Mitchel+Pencheff, Fraley, Catalano and Boda will work to make sure your claim is properly handled and that you receive all the benefits you are entitled to. Click here to setup a free consultation.

What is Workers’ Comp?

Answer: Workers’ Comp, short for Workers’ Compensation, is a form of insurance that provides wage replacement and medical benefits for employees who are injured in the course of employment. In exchange, employees give up their right to sue their employer for negligence.

What injuries does workers’ compensation cover?

Answer: Workers’ Compensation covers almost any on the job injury, including long-term diseases resulting form your work (for example: asbestos, toxic chemicals, extreme noises, repetitive motion, etc.), pre-existing injuries that were made worse by an accident at your job, and even injuries caused by a third party while on the job.

Who pays my workers’ compensation benefits?

Answer: That depends on your employer. Employers who are self- insured pay workers’ compensation benefits directly to their employees. All other employers pay a premium to BWC, like insurance, to cover the cost of injuries to their workers. In these cases, BWC pays the compensation benefits.

If your claim is ultimately allowed, BWC, in cooperation with your MCO, or your employer will pay your medical bills associated with your injury. If you are so seriously injured that you cannot return to work for eight or more days, you may also receive a percent of the wages you have lost for the workdays that you have missed.

How long will it take me to get my benefits?

Answer: This depends on many factors, and is impossible to say without reviewing your individual case. Having an experienced attorney on your side, however, will help you receive your benefits much faster, as you can be sure that your attorney will file all the necessary paperwork to keep your clam moving to make sure you get your benefits as soon as possible.

How are medical benefits paid?

Answer: Medical treatments for your allowed conditions are paid 100%. You should have no out of pocket expense.

What are the fees? Can I afford a lawyer?

Answer: All fees for workers’ comp cases are contingent fees. This means that Mitchell+Pencheff, Fraley, Catalano and Boda collect no fees unless we are successful in obtaining compensation for you. Typically, the fee is 1/3rd of what is recovered, and there is no fee due unless and until money is actually collected for you.

Do you charge on ongoing temporary total disability?

Answer: No. The fee is only charged on the portion of temporary total disability that is obtained by our efforts. We do not charge on the ongoing temporary total.

Is it possible to “settle” my case.

Answer: Yes. Under certain circumstances it may make sense to reach a full and final settlement of your claim. A settlement would pay a lump sum of money for closing your case.

Is there a time limit for filing my workers’ comp claim?

Answer: Yes. The statute of limitations (time limits) for bringing a workers’ compensation claim is based upon a variety of factors, so it is important to consult a lawyer as soon as possible. However, even if you were injured some time ago, you may still have a case. Talk with one of our experienced lawyers to get more information.

Can my employer retaliate against me for filing a claim?

Answer: The Ohio Revised Code Section 4123.90 provides that no employer shall harass, demote or discharge an inured worker because they filed or pursued a claim. If this happened to you, call us immediately as there is a very short 90-day statute of limitations to give your employer notice.