Get The Help And Results You Need After An Injury
Ohio Workers' Comp Settlements
Work injuries can send you and your family into financial turmoil. On top of your injuries, the lack of income adds stress to your household. Don’t watch your family suffer financially. Pursue benefits under Ohio workers’ compensation law. File your case and seek the compensation you deserve with the help of seasoned workers’ compensation attorney Mark L. Newman.
After experiencing a workplace injury, an injured worker may be unsure of how he or she can receive compensation. Some employers may ask their injured workers to settle their claim. While a settlement may be right for your claim, you should be aware of the potential drawbacks of a settlement.
Talking to a workers’ compensation lawyer is the most direct way to get answers to your questions. You can discuss your workers’ compensation claim with attorney-at-law Mark L. Newman in a free consultation. He will review the specifics of your claim and help you to understand a workers’ compensation settlement.
How is a workers’ comp settlement different in Ohio?
Unlike most states, Ohio has a monopolistic Bureau of Workers Compensation. The BWC insures most employers in the state. There are only a small number of Ohio-based employers that pay out their own workers’ compensation claims and are self-insured.
So, in most cases, workers will not purse a settlement until they have reached what is called MMI, maximum medical improvement. This is when medical professionals working on your case believe that your condition will not improve with more treatment. This is the place where you’ve essentially plateaued.
To obtain a settlement, the representatives for both the employer and injured worker must negotiate and agree on a sum. If the parties agree to a settlement, the Ohio Bureau of Workers’ Compensation (BWC) must then approve the terms of this agreement. The BWC will often send a letter to the Industrial Commission of Ohio (IC) to determine if the agreement is fair to the worker.
To reach a settlement, representatives for the injured worker and the employer must negotiate and agree on an amount of money the injured worker may receive. Once these two parties agree to a settlement, the BWC must approve the agreement. The BWC evaluates the settlement for the following:
- Understanding the potential benefits of the settlement
- Determining if the claim is ready for settlement, or needs more time
- Identifying a value for the settlement.
Workers comp settlements payout in two ways. These are a lump sum or a structured settlement. Lump sums are a one-time payment. A structured settlement is payments that get made over an agreed period of time.
The amount awarded in a workers’ compensation settlement depends on several factors. The type of injury you received and the extent of it is the factor that contributes the most to the amount. It also depends on the lost wages and damages you are able to prove. The factors that are brought to consideration are as follows:
- Past, present, and future medical costs that resulted from the injury
- Lost wages
- Potential lost earnings that will likely come from the injury
- Disability payments
- Legal fees
- Cost of potential retraining to perform job
- Pain and suffering as a result from the injury
Having a lawyer like Mark Newman can ensure you get the most payout possible from your settlement.
Settlements are beneficial because they offer a sum of money that can cover medical expenses, lost income and other injury-related expenses. If the parties still can’t come to an agreement for the settlement, the claim would then get brought to court.
If a work injury resulted in death, the workers’ spouse and/or dependent children can pursue death benefits. It can be difficult to file for these benefits with all of the documentation and requirements. This is where a workers’ comp attorney can help to speed up the process. He can help ensure that you file the correct paperwork in a timely manner.
Mark L. Newman is a compassionate workers’ comp attorney that understands the grief that survivors endure. The last thing you want to have to worry about as a grieving spouse is negotiating with employers and the BWC. Newman can assist you with your documentation and contact the BWC and IC to request death benefits. We can help you to ensure you file your case within the one-year statute of limitations that the state mandates for death benefits.
Every workers compensation case is different. Not all of them end in a settlement, but most do. Only about 5% of workers comp cases go to trial. The details of your accident, injury, and medical coverage will determine if a settlement is your best option. For some workers, settlements are beneficial because they’re met with a lump sum that covers their losses. Others may have problems with settlements because they may have to pay for previously undiscovered medical issues with a limited amount of money. Settlements also require workers to carefully plan their financial futures, which can cause issues if unexpected costs arise.
To receive compensation from the settlement, the worker must first waive the right to sue their employer. If you claim that you were hurt due to the negligence of your employer or another third party, you shouldn’t wave this right. You can press for a lawsuit and take the case to court to sue for any damages you received.
Whether you choose to settle or you want to file a lawsuit, you’ll need an experienced lawyer to represent you. As your attorney, Mark Newman will help you understand the benefits and drawbacks of a settlement. Do not start the settlement process without first calling our firm to discuss your options.
If the amount offered in the settlement cannot be agreed on, the lawsuit will move on to a court trial. When brought to court, the judge must determine if the claim is valid. If he or she believes it is a valid claim, they will propose an amount that the court finds fair.
When the amount is given, the employee and their employer’s insurance will either agree or choose to appeal. An appeal is only permitted for 30 days after the decision is given. Both sides are able to appeal either the entirety of the settlement or certain parts of it.
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Speak With A Cincinnati Workers' Comp Settlement Attorney Before Accepting A Settlement
Since 1989, Mark L. Newman, Attorney at Law, has devoted his practice to helping injured and disabled clients. He will review all aspects of your case and help you determine if accepting a workers’ compensation settlement is in your best interests. He will advise you on the best course of action for your claim and fight to get you the best possible outcome. Give Mark a call today to schedule a free consultation at 513-813-7616 or fill out our online form to get in contact with us.
Mark L. Newman Attorney at Law
3074 Madison Road Suite 2N
Cincinnati, OH 45209
Phone: (513) 721-1350
Fax: (513) 721-2301