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Michael J. Duber and Brandon T. Duber

Workers may receive more workers’ comp for some injuries

Apr 23, 2021 |

There are many different types of jobs for people in Ohio. Some people work in an office setting, some are in construction, there are teachers, medical professionals, electricians, plumbers, car mechanics and many other types of jobs. Each of these jobs requires varying levels of physical exertion. Some involve more heavy and potentially dangerous machinery. While workplace accidents can occur at any type of job, some are more dangerous than others.

When people are working at jobs with heavy machinery and other inherent dangers, there are many different safety requirements that both the workers and employers must follow. When the safety requirements are implemented and followed they can ensure the safety of the workers. However, when they are not followed, workers can suffer severe injuries that require significant medical treatment and force the worker to miss time at work while they recover from the injuries.

Violations of a specific safety requirement

When injured workers miss time at work, they lose income and the medical bills can be expensive as well. If the worker is injured at work though, they may be able to receive workers’ compensation benefits that can pay for the medical bills and a portion of the lost income. This amount is usually not the full amount of their income though. However, if the injury resulted because the employer violated a specific safety requirement, the worker may be able to receive more compensation. In that situation the worker could receive an additional amount between 15% – 50% of the maximum amount they normally would entitled to.

In order to receive this additional amount the injured worker needs to file a specific claim that states the safety violation and how it caused the injury. If the employer does not agree with the claim, there will then be an investigation and the worker will be required to provide information to the investigators about the injury and any other information they need. After the investigation, there will be a report with the findings. At this time if the worker and employer still disagree, there will be a hearing on the issue to determine if they will receive the extra benefits..

There are many workers in Ohio who suffer injuries each year. There are many different reasons that these injuries occur. It is important that they do not occur due to violations of safety requirements though. To help ensure safety requirements are being followed and workers are compensated for injuries that would not have occurred if the employer was following the requirements, the injured worker can receive even more compensation than normal. These can be complicated cases involving investigations and consulting with experienced attorneys could be beneficial.