Westerville Workplace Accident Lawyer

Some of the largest employers in Westerville include JPMorgan Chase, OhioHealth, and Otterbein University. While there are plenty of job opportunities throughout the area, some workplaces are inherently dangerous, and workplace accidents can happen unexpectedly in various ways. If you have been hurt on the job, it’s vital to know how you can recover and how a Westerville workplace accident lawyer can help.

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Experienced Legal Counsel for Workplace Accident Claims in Westerville, OH

The team at Gervelis Law Firm can provide comprehensive legal representation following a work injury in Westerville. Our team has years of experience helping injured clients recover from all types of injuries, and we can guide you through the workers’ compensation claim-filing process after a work-related injury. Filing your claim for workers’ compensation benefits may seem straightforward at first, but many encounter unexpected challenges with these claims.

The Ohio Bureau of Workers’ Compensation reported about 98,700 total cases of nonfatal work-related injuries statewide in 2023 for all industries. Some industries, such as construction and manufacturing, are inherently dangerous and consistently report some of the highest numbers of workplace injuries and deaths each year. However, it’s possible for life-changing injuries to happen in any workplace.

Our team can review the details of your situation, determine your eligibility to file a workers’ compensation claim, and guide you through the claim-filing process. We will be ready to address any issues you face with your employer and/or their insurance carrier, and we can also determine whether you have grounds to pursue further compensation with a personal injury case. If a specific party caused your injury, this could be grounds for a third-party personal injury claim.

Filing Your Workers’ Compensation Claim in Westerville

Ohio law requires almost every employer in the state to have workers’ compensation insurance, administered by the Ohio Bureau of Workers’ Compensation. This no-fault insurance is meant to function as the “sole remedy” for an injured worker. You typically cannot file a personal injury claim against your employer after a work-related injury, except under very specific conditions involving gross negligence, regulatory noncompliance, or intentional misconduct.

After any work-related injury, you need to report it to your supervisor immediately so they can document it in an incident report. They are required to provide you with the materials you need to file your claim, and employers may not interfere with their injured workers’ claims or retaliate against them. Most employers facilitate these claims in good faith, but if you encounter an issue, you should speak with a Westerville workplace accident lawyer right away.

An experienced attorney can help you file your claim and make sure that the insurance carrier handles the claim appropriately. A successful workers’ compensation claim in Westerville will typically provide medical benefits, covering the cost of all the treatment you need to recover, and disability benefits for the time you are unable to work following the injury. These benefits are flexible and assigned based on a claimant’s usual earnings and the severity of their injury.

Ultimately, every work injury case is unique. You may be eligible to file a workers’ compensation claim through your employer, but it is also possible for you to have additional avenues of legal recourse depending on how the injury happened. The team at Gervelis Law Firm is ready to help you recover, so reach out to our team as soon as possible to learn how an experienced Westerville workplace accident lawyer can assist you.

FAQs

Q: Can I Claim Workers’ Compensation Benefits if I Caused My Injury?

A: You may still be eligible to claim workers’ compensation benefits if you caused your injury, as long as you caused it while working in good faith. Workers’ compensation functions on a no-fault basis, so proving fault typically isn’t necessary for these claims. However, if you caused your own injury because you were working under the influence of alcohol or drugs, or if you intentionally violated workplace safety regulations, these factors may disqualify you.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount you can receive in workers’ compensation benefits depends on the cost of the medical care you need to recover as fully as possible from the injury and how long you are unable to work. Your employer’s insurance should cover all of the medical care you need for your injury, but disability benefits are more variable and awarded based on how much income you typically earn.

Q: Does Workers’ Compensation Cover Pain and Suffering?

A: No, workers’ compensation typically does not cover pain and suffering. A successful workers’ compensation claim can provide medical expense coverage and ongoing disability benefits that will replace a portion of your lost wages while you are unable to work. However, if a third party is responsible for causing your injury and you have grounds to file a third-party personal injury claim, this claim could yield compensation for pain and suffering if successful.

Q: What Is a Third-Party Personal Injury Claim?

A: A third-party personal injury claim is a civil claim for damages filed against the third party responsible for your workplace injury. While you typically cannot sue your employer for a workplace injury if they have workers’ compensation insurance, a Westerville workplace accident attorney can determine whether you have grounds for a claim against a third party if someone outside of your work directly caused your injury.

Q: Why Should I Hire a Workplace Accident Lawyer in Westerville?

A: You should hire a workplace accident lawyer in Westerville to have a better chance of securing a favorable outcome to your claim. Your attorney can help you file the claim and resolve any issues you encounter with your employer and/or their insurance carrier. They can also help you file a third-party personal injury case if you have grounds to do so. Ultimately, you have a better chance of securing as much compensation as possible with an attorney’s help.

The attorneys at Gervelis Law Firm have years of experience representing injured workers across all industries in Westerville and the surrounding communities of Franklin and Delaware Counties. If you or a loved one is hurt on the job, we can help you claim the benefits you need to recover. Contact us today to schedule a free consultation with a Westerville workplace accident lawyer and learn more about our legal services.