Ohio and Michigan Work Injury Claims
25 Years of Experience in Workers' Compensation Law
The workers' compensation system was created as a safety net for injured workers without clogging the courts with lawsuits against employers. Unfortunately, employers and their insurers do not always hold up their end of the bargain.
Many injured workers wait until it is too late to get legal representation, believing that their employer or the Board of Workers' Compensation will take care of them. The truth is that workers' comp is an adversarial arena, and only an attorney can be counted on to serve your best interests.
If you were injured in the workplace or within the scope of employment, regardless of fault, you are entitled to (a) coverage of your medical care, (b) replacement of your lost wages and (c) awards for permanent disability or loss of use.
You have other specific rights and remedies under Ohio law. (See the Employee Bill of Rights farther down this page). In a free consultation, attorney Gene Borgstahl will explain your rights and answer your questions. He is licensed to practice in both Ohio and Michigan, and intimately familiar with the work injury laws in both states. Call our Toledo, Ohio, office at 800-644-7911.
Our Workers' Compensation Practice
We represent injured employees in Northwest Ohio and Southeast Michigan, with special experience in cases involving construction workers, health care workers, police, fire and emergency medical personnel, and labor union members.
We handle every type of workers' compensation claim, from straightforward workplace accident claims to hard-to-prove injuries:
- Back injuries
- Knee, shoulder and joint injuries
- Nerve damage and disabling pain
- Occupational injury (toxic exposure, repetitive stress, hearing damage)
- Psychological disability (work-induced stress)
- Safety violation claims (VSSR)
- Third party lawsuits against manufacturers of dangerous equipment
Mr. Borgstahl has practiced in workers' compensation since 1984. He represents only injured workers, but brings valuable insights to your case from his past work defending insurance companies against claims like yours. Contact us today for a free case evaluation. There are no attorney fees unless we secure your benefits or settlement, and we are not satisfied until we have covered all the bases to maximize your compensation.
Ohio Employee Bill of Rights
As an injured worker in Ohio, you have these rights:
1. Filing Claims
You have the right to file a claim with the Ohio Bureau of Workers' Compensation for any injury sustained on the job or any disease contracted in the course of and arising out of your employment. You must file your claim with the Ohio Bureau of Workers' Compensation or the Industrial Commission of Ohio within two (2) years of your injury or the onset of your right to coverage.
2. Appeals
You have the right to appeal. Your employer, the managed care organization and the Bureau of Workers' Compensation do not make the final decision on your case or your right to receive benefits and compensation. You have the right to a hearing before an impartial hearing officer of the Industrial Commission of Ohio on disputed matters. Time limits apply for filing appeals.
3. Medical Records
You have the right to copies of any medical records pertaining to you in the possession of your employer or its agents. Ohio Revised Code Section 4113.23 requires your employer to provide you with copies of all medical records maintained on you, including plant dispensary records.
4. Compensation
You have the right to receive compensation for your injury, disease or disability. The Ohio Workers' Compensation Law provides various forms of compensation payment to injured workers, including payments for time lost from work, wage loss supplements after a job change due to disability, permanent partial disability, amputation awards and permanent total disability.
5. Ongoing Coverage
Since October 20, 1993, the law provides that in the absence of an award of compensation, your case remains open for a period of six (6) years from the last date that a medical bill is paid. Where compensation has been paid, the claim remains open for a period of ten (10) years from the last date that a medical bill or award of compensation is paid.
6. Medical Treatment
Do not be misled. You have the right to seek treatment from any Ohio Bureau of Workers' Compensation (BWC) certified doctor. Employers seek to have the injured worker treated by a company doctor so that they can control the costs.
7. Company Medical Examinations
Generally speaking, the company can have you evaluated by a doctor of their choice one time for each issue that is raised during the claim. Even if you are treating with the company doctor, the company can send you out for a medical evaluation. These evaluations may involve such issues as allowance of claim, extent of disability, functional capacity and medical treatment.
8. Discrimination
You have the right not to be discriminated against or retaliated against by your employer for having pursued your workers' compensation rights. Ohio Revised Code Section 4123.90 provides this protection, but strict compliance with the provisions of the statute is required to assure protection.
9. Union Representation
Union representation is not a right at a Workers' Compensation proceeding. A Union steward may need to be present during the Company investigation of accident and injured worker's interrogations. Workplace accidents may result in discipline if there was a work rule violation.
10. Attorneys
Not every case requires the services of an attorney, but many do. It is wise to know your rights. When in doubt, consult with an experienced workers' compensation lawyer. As a steward, use the legal resources that are available when one of your members has a Work Comp question.
Call our firm at 800-644-7911 for a free consultation.
