Ohio itself averaged 200 workplace deaths between 2005 and 2007, according to statistics from Ohio Bureau of Workers Compensation, and open workers compensation claims cost the state over 532,000 hours in lost work time.

Whether you write computer code, drive a tractor-trailer, prepare food or teach high school students for a living, the potential for injury is everywhere and navigating a workers’ compensation claim is no easy task. Here at Elk & Elk we work with the finest workplace accident lawyers in Ohio.

For example, Robert Gross – Elk & Elk’s go-to workers’ compensation attorney - is one of only one percent of lawyers in Northeastern Ohio named a Leading Lawyer by Inside Business Magazine. He’s also classified as a certified specialist by the Ohio Workers’ Compensation Specialty Board – something that distinguishes him from the thousands of other workers’ compensation lawyers throughout the state.

We also employ professionals outside the legal realm to make sure every angle of every case we handle is covered completely: From the doctors and nurses on our staff who dissect x-ray results and study blood-work to our highly-trained accident reconstruction specialists, accountants and economists. Elk & Elk possesses the experience, the resources, the dedication and the desire to make sure injured workers see the compensation to which they’re entitled.

Let the workers’ compensation attorneys at Elk & Elk show you that the resources of a well-appointed law firm can make all the difference in a workers’ compensation case. We’ve been representing injury victims and helping them get the answers and the compensation they deserve for more than four decades. Our attorneys, investigators, and support staff can take care of the legwork so that you can concentrate on getting well. Call us at 1 800 ELK OHIO. You may also fill out the no-cost, no-obligation online case assessment form.

4125-1-01 Compensation for wage losses

Workers' Compensation Lawyers FAQ's

Q: How does an injured worker in Ohio file a workers’ compensation claim?
A: According to the Ohio Bureau of Workers’ Compensation Web site,an injured worker can file a claim by manually completing the First Report of Injury (FROI) and mailing it to any BWC service office, or the FROI can be completed online.

Most Ohio workers’ compensation claims are filed by the managed care organization (MCO) after being notified of the work-related injury or occupational disease by the health-care provider or the employer. If you have been treated for a work-related injury, a claim may have been filed for you already. To check this you may contact BWC.

Q: When did workers’ compensation laws originate?
A: Workers' Compensation laws were enacted to reduce the need for litigation, and to mitigate the requirement that injured workers prove their injuries were their employer's "fault". The first state law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. By 1949, all states had enacted some kind of workers' compensation program.

Q: Who is entitled to workers’ compensation?
A: In the United States most employees who are injured on the job have an absolute right to medical care for that injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities.

Q: Where does the money to pay injured workers come from?
A: Most employers are required to subscribe to insurance for workers' compensation, and an employer who does not may have financial penalties imposed. In many states, there are public uninsured employer funds to pay benefits to workers employed by companies who illegally fail to purchase insurance. Insurance policies are available to employers through commercial insurance companies: if the employer is deemed an excessive risk to insure at market rates, it can obtain coverage through an assigned-risk program.

Q: Why do I need a workers’ compensation lawyer?
A: If you’ve been injured on the job, you need a lawyer:

To protect your rights
To make sure you get the medical treatment you may need even if you cannot pay for it up-front
To help you file any related property damage claims
To negotiate with insurance carriers to make sure you get the amount of compensation that you will need to pick up the pieces and get your life back on track as quickly as possible.

Workers' Compensation - Did You Know:

It is illegal in most states for an employer to terminate an employee for reporting a workplace injury or for filing a workers' compensation claim. Most states also prohibit refusing employment for having previously filed a workers' compensation claim. It is also illegal to falsely claim workers' compensation benefits. Employers at times hire private investigators to videotape claimants surreptitiously.

Some employers vigorously contest employee claims for workers' compensation payments. In any contested case, or in any case involving serious injury, the plaintiff needs a lawyer with specific experience in handling workers' compensation claims.

Laws in many states limit a claimant's legal expenses to a certain fraction of an award; such "contingency fees" are payable only if the recovery is successful. In some states this fee can be as high as 40% or as little as 11% of the monetary award recovered, if any. If no award is recovered, the attorney will be paid nothing and loses the time and money he or she put into the case, thereby having essentially worked for free.

All injured workers with allowed workers' compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers' compensation claims may be entitled to:

Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;

Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers' compensation claim.

(Source: Ohio Bureau of Workers’ Compensation)