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Workers comp is the thing that is there as a safety net for every employee. Unfortunately, people don't find out until an injury happens that its private insurance that certainly doesn't want to payout. In fact, in these situations, almost everyone is against the victim. Initially, the insurance provider doesn't want to pay out because it's money lost. Then, on the other hand, your employer wants a dismissal, too, so their rates don’t increase further.
While you are left as the victim without much support from the systems that should protect you, it's important that you at least consider hiring a Cincinnati workers compensation attorney that will stand up for your side in all of this.
One of the most difficult workers compensation claims to fight is asbestos-related diseases and illness. Not only is it generally a challenge to get everyone on board for the battle, but asbestos claims have a long history of denial no matter how clear it was that the danger wasn’t communicated or reduced.
Claims regarding the exposure to asbestos and the development of mesothelioma have stood out. However, most people refer to these claims with the giant class action lawsuits that you see advertised on TV commercials. Most people come across asbestos through work, which puts them in a uniquely challenging position. Employers can easily argue that the employee was well aware of the presence of asbestos and the risks involved in working in those environments.
So you're waiting around the job, and there's nothing to do. You're not technically on a break, but no one wants to send you home either. It is absolutely reasonable that you and your coworkers might joke around, kid each other, and then if someone gets hurt, your company thinks they have an out.
One case, in particular, involving JJ Concrete, was determined in the South Dakota Supreme Court that the injuries sustained during horseplay were still part of the employment and deserved workers' compensation coverage.
Among the most common claim denials besides horseplay our failure to follow policy and improper use of equipment or procedure. But many companies have failed to upkeep their standard operating procedures and documented policies. For example, a company may have a policy that no one managed the work floor without personal protective equipment, such as a hard hat and non-slip shoes. However, it may be commonplace or even standard procedure to walk through the workplace dangers without proper PPE.
Failure to follow policy can be a difficult denial notice to fight. Another difficult denial to workers' compensation claims is the failure to properly use the equipment. For example, it may be listed that a piece of equipment requires two he is held by separate people to operate, such as a lock-out tag-out procedure. However, it may be common within the workplace to leave the secondary key inserted in the on position so anyone with the initial key can use the machine.
If you're working with a Cincinnati claim attorney, your workers' compensation claim can go as far as you need it to. Within Ohio, you'll initially file a claim through the workers' compensation insurance provider. If they issue a denial, you will take it to an administrative law judge for an appeal. If your claim is denied by that administrative law judge, you can choose to take your claim further to the state Supreme Court.
Pushing your claim forward may not just be about getting the compensation you need to cover damages sustained while you were on the job. It may also be about calling attention to often forgotten issues.
In most cases, you should call an attorney, especially if there are any particular situations that may come with very specific issues. Horseplay or the presence of any toxic substance may be something that the company believes that they can wave away without much work. That shouldn't be the case. You shouldn't have to expect that your workers' comp claim will go wrong. But instead, you should focus on putting together a winning claim.
At Young, Reverman, and Mazzei, our attorneys focus on the end result of compensation. For those involved, it's a sign of hope that someone is on their side and expects them to get the compensation they deserve. After getting hurt while on the job, you would expect your medical bills and part of your time lost at work to be reimbursed or covered. Fight for that, lay out your expectations and be clear about what you need from your claim.