Ohio Work Injury Lawyers
Don’t Settle for Less after a Job-Related Injury
In most cases, a worker who is injured on the job recovers fairly quickly and returns to work. In the meantime, however, he or she can often collect workers’ compensation to pay medical bills related to the occupational injury and replace lost wages provided their claim has been allowed.
But not everyone is able to return to work so easily after a jobsite accident. Some never return to working for a living. Those workers need and deserve assistance that goes beyond a standard workers’ compensation claim. Those workers and their families need to explore other options for compensation based on what has happened to their lives.
In Northeastern Ohio, Heller, Maas, Moro & Magill Co., LPA, helps victims of workplace injuries get benefits they have been promised and that they deserve. Our firm has been working with the Ohio workers’ compensation and Social Security Disability systems since 1985. We know how to maximize financial assistance an injured worker and his or her family receives. We can make the system work for you.
“I would like to thank Leslie for being kind and respectful to me and my wife in our time of need. My family really appreciates how you helped us in every way possible. Thank you, Pete Magill, for all your help and guidance through this process.” – DR
Workers’ Compensation Benefits for Disabled Workers
Workers’ compensation is a state program run in Ohio by the Bureau of Workers’ Compensation (BWC) and the Industrial Commission (IC). It provides financial benefits to workers who have been injured badly enough to be forced out of work. This includes ongoing benefits for permanently disabled workers.
Workers’ comp is a no-fault insurance program. There are exceptions, but most employees have workers’ compensation coverage as part of their employment, and qualify for benefits on Day One of employment, regardless of how or why they sustain a work-related injury.
With the assistance of an attorney who understands Ohio workplace injury law and the workings of the BWC and IC, a worker who has been disabled in a workplace accident is likely to be able to obtain compensation.
A worker who is expected to recover and return to work will receive Temporary Total Disability (TTD) benefits. Those with lasting disabilities may be paid compensation for:
- Permanent Total Disability (PTD) if they are not capable of returning to their former job and cannot engage in any other substantial work for making a living.
- Permanent Partial Disability (PPD) if they suffer a residual (ongoing) impairment because of an injury or occupational disease.
- Wage-Loss Compensation if their injury causes restrictions on what work they can do and results in a reduction in earnings, or they cannot find work their physical limitations allow them to do. These payments make up for the loss of income.
Beyond Employers for a Workplace Injury Claim
In some cases, Heller, Maas, Moro & Magill Co. can help you obtain additional compensation for a workplace injury.
Ohio injury law allows workers to seek compensation for workplace injuries through the court system with claims that are separate and apart from workers’ compensation. Two types of claims are third-party claims and intentional tort cases (below).
A third-party claim focuses on parties other than the worker’s employer who may be liable for the worker’s injury. While workers’ compensation law protects the employer from being sued for negligence, no one else enjoys this protection. Others may be held liable, such as:
- Contractors: If a contractor on a jobsite caused the accident or condition that led to injury, anyone injured who is not employed by the contractor may sue over the contractor’s negligence. This may apply to a company that was negligent in erecting scaffolding that collapsed and injured workers who were on the faulty structure. It could also apply to a cleaning company whose workers ran a cord across an office hallway if an employee of the office tripped and fell and was injured.
- Manufacturers: Sometimes equipment failure is at the heart of a workplace injury. For example, faulty welds on scaffolding may have given way and caused a collapse. Faulty brakes or tires on a work truck may have failed and caused a crash. In such cases, a product liability claim against the manufacturer may proceed while the injured employee also seeks workers’ compensation.
- Property owners: Those who travel to other businesses and/or private residences as part of their job duties may look to premises liability law for protection if their accident occurred at a site they visited on the job. Premises liability, the property owner’s responsibility for visitors’ safety, may be invoked in slip-and-fall cases, dog bites, and other accidents, and in cases of assault and battery.
These are a few examples. A thorough investigation of your accident by a Heller, Maas, Moro & Magill Co. would be necessary to determine whether a third-party claim would be possible.Our ultimate objective is to maximize the compensation you obtain for your injury.
SSD: A Federal Program for Workplace injury Compensation
Social Security Disability (SSD) is a federal program that is part of the Social Security Administration. SSD provides income to workers who have become disabled for any reason. The amount of compensation available is based on having worked and contributed to the Social Security program.
Injured workers may obtain SSD benefits if they:
- Cannot do the work they performed in previous jobs
- Cannot adjust to any other type of employment due to the nature of their disability
- Have a disability that has existed or is expected to exist for at least 12 months or to be terminal (i.e., cause their death)
- Have paid into the Social Security system for 40 quarters, 20 of which were in the 10 years before they became disabled.
The worker’s physical or mental disability must match an impairment in the Social Security Administration’s “Listing of Impairments” (also known as the “Blue Book”). If there is no specific match, the SSD application must contain evidence that convinces claim examiners their condition is equivalent to an impairment listed in the Blue Book.
HMMM attorneys help individuals complete the application process to ensure that, from the start, their case is presented in a thorough, organized, and advantageous manner.
Are Additional Workplace Injury Claims Right for You?
As Heller, Maas, Moro & Magill investigates a client’s workplace injury to identify all potential sources of medical benefits and compensation, we weigh the benefits, likelihood of success and potential compensation available in each scenario.
These calculations are important because of the legal doctrine of subrogation. The right of subrogation attaches to benefits paid through workers’ compensation or Social Security Disability if there is a third-party claim. In short, the state or federal institutions behind these programs may demand money back from a disabled worker who wins compensation from a liable third party.
Subrogation may have a drastic effect on the total compensation you receive for a workplace injury. It is important to calculate how a third-party claim might affect a workers’ compensation before moving forward against a third party.
The Social Security Administration has subrogation rights regarding Social Security Disability (including Medicare and Medicaid)and the Ohio BWC has subrogation rights as well. We here at Heller, Maas, Moro and Magill know how to protect your interests in these complex situations.
As a Heller, Maas, Moro & Magill client, your advantage is that your attorneys regularly pursue workers’ compensation, Social Security Disability and personal injury claims. We understand from experience and study of your case, as well as others on record, what is a likely outcome. We can look at the big picture of your workplace injury claim, and help you pursue the medical treatment and compensation you are entitled to.
Contact an Experienced Ohio Workplace Injury Lawyer
At Heller, Maas, Moro & Magill Co., LPA, we stand up for what’s right when injured workers seek benefits they have been promised under state law. Our lawyers are proud to be a part of the Northeastern Ohio community where we live and work, and we want to see those who have followed the rules be treated fairly when they have been injured or become disabled.
We understand what you’re going through as you recover from an occupational injury or disease and we know how to help. Our attorneys conduct thorough case reviews and investigations, and pursue all avenues of compensation for our clients. You are no longer alone in this. We can make the system work for you.
Since the founding of Heller, Maas, Moro & Magill, Co., LPA in 1985, we have been dedicated solely to protecting the rights of injured workers in the Mahoning Valley. Over 30 years, we have developed a solid reputation for the successes we have won for our clients. Call us today.