How Long Do I Have to Sue for Work-related Injuries?
It can be tough understanding one's rights after getting injured at work. Many wounded workers feel powerless since there is no guarantee that they're going to be treated fairly.
Unfortunately, far too many people find themselves in this predicament, unsure whether or not they can receive the compensation they require for their injury-related bills and lost wages. Work-related injuries can occur in a variety of ways, including burns and falls, as well as occupational disorders such as muscle strain and carpal tunnel syndrome.
Workers who are injured on the job are entitled to compensation. Larrimer & Larrimer's work injury attorneys can assist victims in determining their alternatives for obtaining compensation. Contact us as soon as possible for a free consultation!
When Can You Sue Your Employer for a Work Injury?
The majority of firms in Ohio, like most states, are obliged to have workers' compensation insurance. Employees who are injured on the job are covered by workers' comp. In most circumstances, employees are able to get compensation regardless of how the injuries happened, unless they were intoxicated or injured themself on purpose.
Medical expenditures, permanent partial or permanent total disability, temporary disability, death payments, and more are all covered by workers' compensation benefits.
Workers' compensation insurance, on the other hand, means staff members are often not permitted to sue their employers for their work injuries. In certain circumstances, the only way to get benefits is to file a workers' compensation claim. There are a few exceptions; however, they are rare and difficult to establish.
However, if a third party's negligence resulted in the accident, one may be able to sue them for further compensation. If a delivery driver is hurt while on the job as a result of a distracted driver, for example, the delivery driver may be entitled to file a lawsuit against the at-fault driver and apply for workers' comp payments.
Since workers' compensation only covers certain losses, it is crucial to figure out if there is a third-party claim arising from the work-related injury. To analyze all potential claims, one should contact a Columbus workers' comp lawyer as soon as possible.
How Long Do I Have to Sue for Work-related Injuries?
The amount of time one has to file a workers' compensation claim is determined by the nature of the accident or occupational disease. Employees have one year to file a notice of injury with the Ohio Bureau of Workers' Compensation (BWC). This includes all workplace injuries and accidents, including those that end in a worker's death.
Occupational diseases, on the other hand, are dealt with in a unique way. Moreover, occupational disorders are frequently discovered years, if not decades, later. Consequently, employees in Ohio have two years from the date of incapacity – or death resulting from the disease – to file a claim with the Ohio BWC.
With occupational disorders, determining the date of impairment might be challenging. According to the Ohio BWC, the date of impairment is determined by which of the following events occurs first:
When you initially learned about the disease after receiving a diagnosis
When you were originally diagnosed with the illness,
When you are unable to work due to illness
Workers only have six months from the time they are diagnosed by a physician to file a claim for the occupational illness.
If one has a valid third-party claim, it is handled separately under personal injury law. A personal injury claim in Ohio must be filed within two years of the date of the injury (with a few rare exceptions).
Why Should You Sue Your Employer Soon if You're Injured at Work?
Unfortunately, while many employees are able to receive workers' compensation benefits following a work injury, this is not always the case. Claims are sometimes refused, and injured workers do not receive the compensation they require.
At the same time, if there is a good case for a third-party action, it can make the case much more complicated. Unlike workers' compensation claims, personal injury lawsuits need proof of another party's negligence. This necessitates a quick investigation, evidence collecting, witness interviews, damage estimations, etc.
Finally, waiting too long to file a lawsuit can make it challenging to prepare a workers' comp case and obtain the maximum compensation for any losses.
How Much Compensation Can You Recover if You Sue Your Employer?
How much can you get if you sue your employer for a work-related injury? The answer is contingent on the severity of your injuries. Accident victims can receive appropriate compensation for financial and non-financial damages in personal injury lawsuits; however, they must prove how much they're entitled to recover.
Nevertheless, if the injuries are severe, the financial recovery may be large. An attorney can assist clients in obtaining compensation for any outstanding and future medical expenditures, as well as present and future lost income.
Accident victims can seek compensation for their PTSD, pain and suffering, loss of consortium, emotional trauma, loss of pleasure of life, and other life-altering effects of their injuries on the "non-financial" side.
Financial losses are compensated based on actual and anticipated out-of-pocket expenses. Because there is nothing to "add up" in the case of non-financial losses, two ways are used: the multiplier method and the per diem method. Personal injury compensation for victims' non-economic losses may often be considerably beyond compensation for lost wages and expenses under either system.
Contact Larrimer & Larrimer Today to File a Lawsuit Against Your Employer!
We understand the worry and anxiety that comes with a work injury at Larrimer & Larrimer. You can feel helpless in the face of a system you can't comprehend, and that doesn't appear to care about your well-being. Some even question if they have to use their vacation time while being out because of a work-related injury—we help clarify those confusions.
Our work injury lawyers are here to help employees reclaim control of their life and preserve their rights. Whether you're having trouble getting workers' compensation benefits or believe you have a legitimate third-party lawsuit against your employer, we put our expertise and dedication together for you right away.
Were you hurt on the job? Contact us today for a free consultation! Our experienced attorneys are dedicated to helping clients throughout Columbus, Ohio.