Workers' compensation is a type of insurance that was designed to protect employees who are injured on the job. Workers' comp also helps to protect employers by limiting the activities that employees can take in an effort to win compensation. Although the process may seem simple on the surface, the process for making a claim is more complex than many people realize. When a claim is denied, you may have the option to file an appeal if you disagree with the final decision. Although many people file worker's compensation claims on their own after being injured, it is always advisable to hire a qualified work accident lawyer if your initial claim is denied.
There are many different types and degrees of injuries that can occur on the job. An injury may occur from operating heavy equipment or from working in an unhealthy environment. When you are injured on the job in the state of Ohio, you have the legal right to obtain workers' compensation benefits to pay medical bills, medications, and about 2/3 of your salary for the time that you will need to be away from your job to heal.
A Case of Personal Injury
Sometimes random accidents occur at work and workers' compensation provides the employee with the compensation needed to heal and get back to work. In other cases, the accident is the result of negligence on the part of the employer. These cases are not workers compensation cases, but personal injury cases. A good work accident lawyer will know how to evaluate your case and determine which category your injury belongs in. The point that makes it a personal injury case is that the accident must have resulted from the wrong actions or inactions of another person. If you have a valid personal injury case, you will need experienced representation to pursue your case to obtain compensation.
Reasons for Hiring a Work Accident Lawyer
Once the accident occurs and you are injured, one of the first things you need to do is contact a work accident lawyer in Dayton to evaluate the circumstances of your injury. He will know whether the conditions leading to your injury were the fault of someone else and you have a personal injury case, or whether yours is a matter for workers' compensation.
All lawyers do not have the same area of expertise. The best representation will come from an experienced personal injury lawyer who has worked on many similar cases in Dayton and is familiar with the courts and laws that pertain. The best way to determine which type of case you have is to use the free evaluation form on our website. Attorney Kevin Attkisson has more than 100 jury trials to his credit and he knows how to determine if a case is viable.
The Major Difference between Workers' Compensation and Personal Injury
As mentioned previously, workers' compensation is a type of insurance that protects both the employee and the employer. It gives employees a resource for financial assistance when they are unable to work due to a work-related injury while protecting the employer from lawsuits. The biggest difference in personal injury is that workers' compensation does not pay for pain and suffering. The terms of coverage are very specific and the employee has no recourse to obtain financial compensation in excess of what is allowed.
When a personal injury occurs, the amount the person can receive depends on the number of medical bills lost income, and the pain and suffering they have encountered due to their injury. Although there are guidelines for determining a fair settlement, there are no set limits on the amount that can be paid out.
Dealing with the Insurance Companies
All businesses in the state of Ohio with one or more employees are required by law to carry workers' compensation insurance. This coverage is purchased through an insurance carrier of the employer's choosing. When an employee makes a claim and it is approved, the insurance company makes the payment for compensation.
When an accident occurs that results in a personal injury, the claim typically goes through an insurance company, as well. Most businesses carry liability insurance to protect them from liability lawsuits. Regardless of the type of claim you make or the insurance company that you must deal with, they are going to look for loopholes in the insurance policy and in your case to try to prevent payment. If they realize that they will likely have to pay your claim, they may make you an offer before your case goes to court. An experienced work accident lawyer in Dayton will know the tactics insurance companies use to prevent paying your claim and they will fight to get justice for you.
The Cost of Being Injured
Injuries that seem minor at first are often the ones that end up being the most expensive to treat. Some types of injuries grow more severe over the months following the accident. What begins as mild discomfort that you expect to dissipate may become so severe that you may never feel like returning to work. To make matters worse, the number of medical bills from treatments and different medications can add up quickly and become overwhelming.
Sometimes the emotional impact of an accident can be the most traumatic part of all. The details of a serious accident can be frightening and cause you to re-live it over and over. The thought of being back in the same situation that resulted in your injury may be more than you can bear. If that occurs, you need a work accident lawyer who knows what you are going through and will guide you through the process every step of the way.
If you have been injured on the job and aren't sure if you have a viable personal injury case, contact Kevin Attkisson for a free evaluation of your case at (937) 230-8330. With our guarantee never to pay a legal fee until we win your case, you have nothing to lose and a lot to gain.