Although the Workers Compensation system was designed to avoid issues of fault and quickly allow an injured worker to return to her former position of employment, the system may not be the only remedy available in all injury situations.

If you’ve suffered a work injury as the result of the negligence of someone other than your employer, or in the event your employer has forced you to work in violation of the restrictions your doctor has placed upon you and you have been further injured, you may benefit by consulting with a personal injury attorney. Consultations are free and without obligation, so it certainly doesn’t hurt to inquire whether you may have a legitimate claim against a third party for additional compensation.

Some Examples of When to Consult with a Personal Injury Attorney for a Workplace Injury:

You are being forced to work in violation of your medical restrictions.

For example, your doctor has released you to a sedentary, or “sit-down” job, but your employer requires you to work your more physically demanding job, nevertheless, resulting in further injury.

You were injured by someone other than your employer or co-worker.

For example, a vendor delivering supplies ran you over with a forklift or hand truck.

You were injured by a chemical or some other toxic substance.

For example, you inhaled a dangerous chemical or were burned by a toxic substance while working.

You were injured by a defective product.

For example, the safety guard on a saw cracked and broke off.   As a result, your hand was badly cut.

You were injured by your employer’s Willful or egregious conduct.

For example, your employer removed a safety guard on the machine you operate and you are injured because of the lack of guarding.

In Ohio, any employee injured on the job is eligible to file a workers’ compensation claim. And it doesn’t matter where you are, whether the injury occurs at the worksite or while running an errand for the boss, so long as you are in the “scope of employment” at the time.

The truth is that many workers’ compensation claims are approved.  If your claim is approved, all related physician-prescribed medical costs are covered under the claim.  In addition, workers’ compensation can provide wage reimbursement to employees whose injuries temporarily prevent them from working.

One key to approval is being thorough and honest with your doctor about any symptoms suffered from the injury.  Being prompt in reporting the injury and open with your doctor increases the chances your workers’ compensation claim will be approved.  It’s important not to shrug off what may seem like normal aches and pains following an injury on the job.  Insufficient medical documentation is one of the main reasons for claim denials.  Failure to fully disclose and document the impact of a job-related injury not only puts your health at risk, but could also affect your wallet if your workers’ compensation claim is denied.

If your claim is denied, all hope is not lost. Hiring an attorney concentrating in Ohio workers’ compensation law may assist you to pursue an appeal of your claim.  Working with an attorney might also open up other avenues of compensation, especially in situations where work-related injuries are longer term or cause permanent disability.

No matter how mundane the symptoms might appear, the best plan of action for those unfortunate to experience an injury on the job is to report it. You never know if that minor nagging shoulder pain could turn into a major medical problem down the road.

The most recent figures from the U.S. Department of Labor/Bureau of Labor Statistics concerning how we Americans spend our time are interesting.  Looking at households with persons aged 25 – 54 with at least one child under the age of 18, the average numbers are:

                                    Hours

Working                     8.2      

Sleeping                      7.6

Leisure and sports      2.6

Other                          2.4

Caring for others        1.1

Eating and drinking   1.1

Household activities   1.0

Total                            24.0

According to these numbers, we spend 15.8 hours each day between work and sleep.  That is nearly 2/3rds of our life spent in a less-than-fully-conscious state!  Though the sleeping number seems high to me, I suspect the sum of these two is accurate.  Striking to me is what little time we devote to our families and ourselves.  Statistics such as these serve to illustrate the great importance of a safe and equitable workplace.

Sometimes those injured in accidents do not report all their symptoms and difficulties to their doctors. No one wants to be a “wimp” when it comes to routine aches and pains. Following an accidental injury, however, this approach can delay diagnoses, treatment, and, in some cases, invite questions later about the cause of such injuries. Many times underreporting is quite understandable. Where, for instance, a person breaks their leg in an accident, they (and their doctor) may focus less upon the person’s persistent neck or shoulder pain, while their attention is on the broken leg. What happens when it turns out that the more lasting and complicated injuries are those to the neck, or shoulder? Without mention of complaints early on, it becomes more difficult to understand or demonstrate that an accident was the origin of these problems. Those who take care to discuss all their symptoms with their doctors following an accident have a greater chance of avoiding such future difficulty.

Whether an accident occurs at work, on the road, or elsewhere, documentation of the event and one’s initial medical condition can be critical. Catastrophic and fatal accidents are usually well documented. Thankfully, however, most accidents are not as severe. Nevertheless, the long-term effects of many accidents initially thought “less severe,” are significant and, in some cases, life-long. Those who take care to report an accident usually encounter less resistance to their claim. Injured workers in Ohio have a responsibility to report workplace accidents to their employers promptly. Detailed and timely information about an accident can answer or avoid questions later about responsibility, and, in some cases, the information is vital to medical professionals diagnosing and treating those injured. Simply put, actions during the hours immediately following an accident have a significant impact upon ability of those injured to achieve a full recovery.