Zanesville Workers’ Compensation Attorneys

A serious work injury or occupational disease can change your life in an instant. Lost income and the stress of dealing with the workers’ compensation system can feel overwhelming, especially when you are trying to recover. Our Zanesville workers’ compensation attorneys represent injured workers in Zanesville, Muskingum County, and throughout Ohio who need help navigating claims with the Ohio Bureau of Workers’ Compensation

The Bureau of Labor Statistics confirmed that in 2022, Ohio private industry employers reported 88,600 non-fatal workplace injuries and illnesses. While the incident rates in Ohio are lower than the national average (2.3 cases per 100 full-time equivalent workers versus the national rate of 2.7), the rate in 2022 was not significantly higher than the previous year.

If you were hurt on the job in or near Zanesville or Cambridge, or developed a work-related medical condition, you can contact our Zanesville workers’ compensation attorneys for a free case review at (740) 454-8585 or online now.

What Is Workers’ Compensation?

In Ohio, workers’ compensation is a legislated benefit that provides financial assistance for workers who have been injured or become ill due to their job.

Workers’ compensation is administered by the Ohio Bureau of Workers’ Compensation (BWC) and offers medical benefits to cover the costs of treatment and rehabilitation for work-related injuries or illnesses. It can also provide a portion of lost wages if you’re unable to work due to your medical condition.

It is a program for all employees in the state of Ohio and is intended to act as a safety net for workers who experience unforeseen health issues as a result of their job.

Under the Ohio Revised Code, Chapter 4123, eligible employees are generally entitled to:

• Reasonable and necessary medical care for allowed conditions.
• Certain wage-loss benefits when an injury or illness keeps them off work or reduces their earnings.
• Possible compensation for permanent impairment.
• Death benefits for eligible dependents when a worker dies from a covered injury or disease.

Workers’ compensation in Ohio is typically the exclusive remedy against the employer, meaning you usually cannot sue your employer in civil court for damages related to the work injury (although there can be exceptions in very specific circumstances). An experienced Zanesville workers’ compensation attorney can help you understand how these rules may apply to your situation.

Who Is Eligible for Workers’ Compensation in Ohio?

In Ohio, most employees are eligible for Workers’ Compensation Benefits (WCB) if they have sustained a job-related injury or illness on the job. However, there are some eligibility limitations with regard to WCB.

If injuries are caused by specific circumstances, such as fighting or horseplay, violation of established company policies, or the influence of drugs and alcohol, then the employee may not be able to secure WCB.

The Ohio Revised Code (ORC) and the Ohio Administrative Code (OAC) have an interconnected jurisdiction over workers’ compensation claims in Ohio:

1. The ORC establishes the foundation for the workers’ compensation system in Ohio, including factors such as eligibility criteria, benefits, claim filing procedures and appeals process
2. The OAC provides more specific rules and procedures with respect to specific forms and documentation, deadlines, processes for medical treatment and guidelines for determining eligibility for specific benefits.

Types of Injuries and Occupational Diseases Covered by WCB in Ohio

From sudden trauma to conditions that develop over time, workers in Zanesville, Cambridge, and across Ohio experience a wide range of injuries and occupational illnesses that may be eligible for WCB. The National Institute for Occupational Safety and Health is a great resource for employees looking for more information on work-related injuries and prevention.

Work-Related Physical Injuries

Physical injuries are sudden injuries that result from a specific incident or event at work. These may include, but are not limited to:

• Musculoskeletal injuries
• Broken bones
• Cuts
• Lacerations
• Back strain caused by lifting heavy objects
• Acute hearing loss
• Traumatic injuries
• Repetitive stress injuries
• Overexertion injuries
• Burns
• And more

If you have sustained injuries at work due to a work-related incident, we recommend you consult with a Zanesville workers’ compensation attorney as soon as possible. An attorney with experience in work injuries can help you navigate the complexities of WCB claims and help you get the compensation you deserve.

Occupational Diseases

Occupational diseases are illnesses or conditions that stem from repeated exposure to harmful substances, conditions, or work activities over a period of time. While these symptoms may not present themselves immediately, they can after a period of time.

Section 4123.69 of the Ohio Revised Code (ORC) lists a Schedule of Compensable Occupational Diseases:

• Anthrax
• Glanders
• Lead poisoning
• Mercury poisoning and phosphorus poisoning
• Arsenic poisoning
• Benzol poisoning
• Poisoning by gasoline and other volatile petroleum products
• Poisoning by wood alcohol
• Infection or inflammation of the skin on contact surfaces
• Cancer
• Compressed air illness
• Carbon dioxide poisoning
• Brass or zinc poisoning
• Manganese dioxide poisoning
• Radium poisoning
• Tenosynovitis and prepatellar bursitis
• Chrome ulceration of the skin or nasal passages
• Potassium cyanide poisoning
• Sulfur dioxide poisoning
• Berylliosis
• Cardiovascular, pulmonary, or respiratory diseases
• Radiation illnesses
• Asbestosis
• And possibly more

While there are exceptions in some of these categories, we do recommend you consult with our Zanesville work injury attorney as soon as possible if you have developed any of these occupational diseases while on the job.

What is the Timeline to File a Worker’s Compensation Claim in Ohio?

Filing a workers’ compensation claim in Ohio involves important deadlines that may impact your ability to receive benefits. Whether you’ve been injured on the job or developed an occupational illness, understanding these deadlines is crucial for protecting your rights.

Ohio law imposes specific time limits for filing workers’ compensation claims. Under Ohio Revised Code section 4123.84, most injury claims must be initiated within one year of the date of injury or death, subject to limited exceptions. For occupational diseases, section 4123.85 sets deadlines based on when disability begins, when the disease is diagnosed, or when death occurs.

Missing a filing deadline can permanently bar a claim, even when the underlying injury is serious. Because timing rules are complicated and can be affected by factors such as employer reporting and prior payments, we encourage injured workers in Muskingum County to contact an attorney promptly to discuss their situation.

Once a claim is filed, the BWC gathers information from you, your employer, and your medical providers before issuing a written decision. If your claim is denied or only partly allowed, you may have the right to appeal to the Ohio Industrial Commission, which holds hearings and issues independent decisions.

Our Zanesville WCB attorneys can help you file your claim in a timely manner and pursue the compensation you deserve.

What Types of Benefits Are Covered Under Workers’ Compensation?

The specific benefits available in your case depend on how serious your injuries are, how long you are unable to work, and whether you have permanent impairment. The BWC offers several types of workers’ compensation benefits.

Temporary Total Disability (TTD)

Temporary total disability (TTD) is available to workers who are totally disabled and unable to work for a short period of time. TTD wage loss benefits are paid when an injured worker:

• Can’t perform their job duties as they existed at the time of injury
• Has not reached maximum medical improvement
• Has been released to work with restrictions, but the employer can’t provide work within the physical capabilities of the injured worker

Although TTD is only paid if a worker misses eight or more days of work, once an injured worker is off work for 14 consecutive days, BWC pays wage loss benefits for the first seven days missed and all days missed after that.

Permanent Total Disability (PTD)

Permanent Total Disability (PTD) means that a worker is unable to work at all—at their previous job or any other job—because of injuries or illness sustained in the course of their employment.

While PTD benefits can be paid for life, that isn’t always the case. Ohio workers’ compensation law states that “permanent” does not mean the disability must necessarily continue for the rest of the worker’s life. Rather, it will continue “for an indefinite period of time without any present indication of recovery therefrom.” Certain injuries, including the loss or loss of use of both hands, arms, feet, or legs, are automatically considered permanent total disabilities

The PTD award amount is 66 and 2/3 percent of the injured worker’s average weekly wage at the time of injury, up to the state-set maximum. When applying for PTD benefits, a worker must attend an Industrial Commission of Ohio (IC) medical examination and hearing to determine if they meet eligibility criteria.

Permanent Partial Disability (PPD)

Workers with permanent damage to a body part from an occupational injury or disease may be eligible for permanent partial disability benefits, of which there are two types:

1. Scheduled Loss: Amputations and loss of use of specific body parts, as well as loss of vision and hearing, can entitle the worker to a scheduled loss award. Allowed awards are paid in biweekly installments for a statutorily-determined amount of time. For example, loss of use of a hand is paid up to 175 weeks; loss of use of a leg is paid up to 200 weeks. BWC sets the maximum available weekly rate.
2. Percentage of Permanent Partial Award (%PP): Permanent damage that remains after a worker has recovered as fully as possible may lead to an award for residual impairment or partial disability. Eligible workers undergo an independent medical examination, and a physician determines the level of impairment (such as 20%, 30%, etc.). This percentage is then applied to the maximum allowable %PP award. You can see compensation rates here.

Wage Loss/Lost Wages

Workers whose earnings are reduced as a direct result of their workplace injury or illness may be eligible for wage loss compensation. Two types of wage loss benefits are available:

• Working Wage Loss: This benefit is payable when the injured worker returns to employment that is different than their work at the time of injury and their physical restrictions cause them to earn less pay. The new job duties can be with the same employer or a new employer.
• Non-Working Wage Loss: If an injured worker is released to return to work with restrictions, but can’t find suitable employment, they can qualify for a non-working wage loss. Qualification for this benefit is contingent upon a good-faith job search with the appropriate documentation.

Death Benefits

Injured Ohio workers are entitled to a lost wage benefit in an amount equal to two-thirds of their average weekly wage. In the case of a death benefit, that weekly wage can instead be paid to certain survivors who were dependent on the employee’s income while they were alive.

Most commonly, the worker’s surviving spouse and children are entitled to workers’ compensation benefits. Occasionally, parents who resided with the worker may also be eligible. Their benefits can come in two forms:

• Accrued Benefits: While the worker was alive, they received workers’ compensation benefits and are still owed, upon their death. The remaining amount will go to the eligible family members.
• Death Benefits: If a worker dies as a result of their work-related injuries or illnesses. Their benefits will go to the surviving family members who qualify.

Violation of Specific Safety Requirement (VSSR)

When a worker’s injury, illness, or death results from an employer’s VSSR, the Industrial Commission of Ohio (IC) is authorized to grant the injured worker an additional award from 15 percent to 50 percent of the maximum weekly compensation rate.

Most VSSR awards are based on OAC safety codes, which are divided into nine categories based on the type of employment. Examples of VSSR include:

• Failure to provide personal protective equipment, such as a safety helmet or harness
• Inadequate warning signs
• Failure to guard floor openings with fixed safety covers
• Not having safety devices on machinery
• Failure to keep passageways clear of obstructions

Lump Sum Settlements/Awards

Injured Ohio workers may choose to receive a lump sum settlement for their claim in place of ongoing medical and wage loss benefits. The lump sum settlement, which can be pursued for any type of workers’ compensation claim (including claims with no lost time), permanently resolves all past, present, and future claim issues.

An injured worker or their employer may choose to initiate a settlement, which might include benefits for both parties. However, there are many factors to consider before deciding whether you should settle or continue to collect benefits on a monthly basis.

Settlements are final and must account for future medical expenses, lost time from employment, work restrictions, and the settlement’s effect on future benefits. BWC must approve the settlement and the settlement amount. The IC has the authority to disapprove the settlement agreement if it finds the amount to be clearly unfair. During a 30-day waiting period, any party to the settlement can withdraw.

Am I Eligible for Worker’s Compensation Benefits if I Work Remotely?

As remote and hybrid work have become more common, questions frequently arise about injuries that happen at home or away from a traditional jobsite. In some circumstances, an injury that occurs while you are performing work duties in your home office, on the road, or in another approved remote setting may be covered by workers’ compensation, provided it arises out of and in the course of your employment under Ohio law.

At Graham Law, our Zanesville workers’ compensation attorneys can help evaluate your situation if you were injured while working from home, traveling to a client’s location, or performing job duties outside a typical workplace. Factors such as the nature of your job, where and when the incident occurred, and whether you were engaged in work activities at the time all play a role in determining eligibility.

An Overview of the WCB Claims Process in Ohio

If you are an employee who has been injured on the job in Ohio, we recommend that you consult with a workers’ compensation attorney as soon as possible to assist with your claim. There are many nuances to processing WCB claims, and an attorney can provide valuable legal guidance to help secure the compensation you deserve.

Once you’ve spoken with your attorney, here is an overview of what you can expect the process to look like:

1. Reporting the Injury: Reporting the injury to your employer within the prescribed limitation period. Your employer may file a First Report of Injury (FROI) on your behalf, but you can also file the FROI online, by mail, or by phone with the BWC. At this stage, it’s wise to reach out to a workers’ compensation attorney.
2. Investigating your Claim: The BWC will then assign a claim service specialist to investigate your claim. This process involves gathering medical evidence as well as information from you and your employer. You may be subjected to additional medical examinations and/or supporting additional documentation, such as wage statements.
3. Claim Decision: In most cases, the BWC will issue a decision within 28 days if your claim has been approved or denied. If approved, you will receive your benefits according to your specific situation. There is also a chance your claim may be denied. Your attorney can advise you on whether it’s worth pursuing an appeal or not in this case.

It’s important to note that every case is unique. This overview is rudimentary, and exceptions may apply based on your individual circumstances. For this reason, we recommend you consult with our Zanesville workers’ compensation attorneys for legal assistance.

Workers’ Compensation Denials & Appeals in Ohio

A claim can be denied for many different reasons. The BWC states that sometimes, claims may be rejected because there was not enough evidence provided, or what was provided is not sufficient.

Other reasons a claim might be denied include:

• The injury did not occur in the workplace
• The filing deadline was missed
• There were discrepancies between the documented injuries and the accident report
• The employer has disputed your claim
• The injury is not serious enough to collect benefits
• The medical provider was not on their certified list
• You did not seek medical treatment
• And more

The claimant will always receive a letter that details why their claim was denied and how to appeal.

When Should You Appeal a Denied WCB Claim?

If you decide to appeal, it is important to make sure you do so within the strictly allotted timeframe. The order issued to you will explain how long you have to file. Because the turnaround time tends to be short, contact our Zanesville workers’ compensation attorneys as soon as possible.

How to File an Appeal

The BWC must receive the appeal in writing. Once they do, they will forward it to the Industrial Commission of Ohio (IC). A separate agency that works with the BWC, the IC holds the appeals hearings and makes the final decisions.

Your workers’ compensation attorney can help you build a strong appeal by ensuring you meet filing deadlines, fill out all paperwork correctly, collect all medical information, and secure witnesses if necessary.

What Are Workers’ Compensation Hearings in Ohio?

In Ohio, workers’ compensation hearings are a critical part of the appeals process for employees who have been injured on the job. These hearings provide an opportunity to resolve disputes over compensation, medical benefits, or the extent of an injury.

Understanding the steps and requirements in these hearings can be essential for ensuring that injured workers receive the benefits they are entitled to under Ohio law.

Appeal Levels

In Ohio, there are four levels of possible workers’ compensation appeals. The first level of appeal is the district level, where a district hearing officer (DHO) will hear your appeal within 45 days of the appeal’s filing. If the worker wishes to appeal the decision made by the DHO, they will then move into the second level of appeal, otherwise known as the staff level.

The staff hearing officer (SHO) may request witnesses and evidence from both the worker and employer to support their sides and will then issue a decision. From there, a worker can move onto the third level, which is known as the commission level. The request to appeal at this level can either be approved or refused by the IC.

If the worker wishes to appeal the decision made by the commission level, the fourth and final opportunity to appeal their claim is with the Court of Common Pleas.

How Our Zanesville Workers’ Compensation Attorneys Help Clients

Filing and pursuing a workers’ compensation claim in Ohio can feel confusing, especially if you try to handle everything on your own while recovering from an injury. Our Zanesville workers’ compensation attorneys help clients in Muskingum County and across Ohio by:

• Explaining how Ohio workers’ compensation law applies to their situation, including the distinctions between injury and occupational disease claims.
• Assisting with the preparation and filing of initial claims with the BWC, including gathering medical documentation and clarifying allowed conditions.
• Responding to BWC requests for information and working to address questions raised by employers or managed care organizations.
• Evaluating benefit options and explaining the differences between wage-loss benefits, temporary total disability, permanent partial awards, permanent total disability, and other forms of compensation.
• Representing injured workers in hearings before the Industrial Commission of Ohio when claims or specific benefits are disputed.
• Advising clients about the risks and benefits of potential lump-sum settlements and court appeals
• And more.

Having a workers’ compensation attorney who is well-versed in the laws in Ohio can ensure that all conditions related to the work accident are recognized in the claim, not only for potential compensation in the future, but also for ongoing medical treatment.

Contact Our Zanesville Workers’ Compensation Attorneys for a Free Case Review

Whether you live in Zanesville, Cambridge, Muskingum County, or anywhere in Ohio, Graham Law is here to help you understand your workers’ compensation options. Our firm has been serving Ohio communities for over 100 years, and we are proud of our roots in Southeastern Ohio.

You can contact our Zanesville workers’ compensation attorneys at (740) 454-8585 or request a free case review online. There is no cost to talk with us about your situation, and no obligation to move forward. We can help you evaluate your options so you can decide what is best for you and your family.

Here are some common questions that we get asked.
Each legal case is unique, so we recommend you contact us for specific advice.