In construction accident claims where workers are hurt on the job while working, there may be more than just workers compensation as a source of recovery. Watch this video to get answers to what benefits in money compensation you could be entitled to.
This ability to get more than workers comp and file a personal injury claim does not just apply to construction workers. Delivery drivers such as Fedreal Express, United Parcel Post, Post Workers, Police officers, virtually anyone injured by the fault of another by a negligent cause unrelated to their employer has two potential claims. Many people miss the second claim or lose out because workers compensation denies a diagnosis and this can get carried over into the injury claim. So it is critical to speak with a lawyer that knows about personal injury and workers compensation.
Read a Transcript For Answers On What Benefits injured Workers May Be Entitled
Anyone in Ohio injured in the course and scope of their employment can get workers compensation benefits. Sadly these benfits have been cut down. Under workers compensation injured workers can get:
1. Partial wages
2. Medical treatment
But you must go through managed care so it is a battle. You can get some small award and if everyone agrees you can settle the claim. But it is generally not for very much. So it is important to find a third party that caused your injury. That way there are a lot more benefits you can recover.
You can get your full wages compensated. You can get pain and suffering and loss of enjoyment of life compensated if you can find a third party that injured you. ( Normally you can not sue your employer subject to very limited exceptions.) For example, where you are on the job as an electrician, and a pipe fitter from another company dropped a pipe on your head.
You must also be aware that workers compensation will want money back for your third party recovery. But this can be negotiated. Plus there is such an interrelationship between the two claims that one attorney versed in both areas should handle one claim if possible. That’s why I like to handle both claims so I can manage both claims to the advantage of the client.
So it is critical to have an attorney evaluate and investigate if a third party caused your injury. Another example is coming out of or into the parking lot at work. These car accidents may be both a workers compensation claim and a personal injury insurance settlement claim. Especially if it is a car crash caused by someone unrelated to your employer.
So it is very beneficial to have both types of claims arising out of one accident. It is critical not to delay and not to rely on your employer to prosecute your claim for you.
Anthony Castelli has practiced personal injury law in Ohio as well as workers compensation for over 32 years. He has the high peer review ratings from several agencies and shares client reviews. He has been listed and is currently listed as an Ohio super lawyer. Over the years he has helped thousands of clients recover millions of dollars. Call today for a free consult.
Columbus, Ohio, 43235