How Do You Get Workers' Compensation?

 Workers' Compensation and You

At the Badnell & Dick Company, you can count on us to get you the compensation you deserve. With over 20 years of experience, we have successfully assisted clients in negotiating benefit rates, ensuring unpaid medical bills get paid, cross-examine employer's witnesses who contradict the client's account of what happened and obtaining a judgment of permanency to compensate for future lost wages. 

If this situation sounds similar to something you are going through after an injury or illness sustained at work, you may qualify to open a workers' compensation case. Workers' compensation is a health benefit similar to health insurance that only goes into effect when an injury or illness is sustained as a result related to their job. The system has two main components where the employer will either pay the costs of medical care, or they will pay the client to replace their wages.

Under state law, all Ohioans, with few exceptions, have a right to this compensation system. The state law also holds all employers responsible for carrying a workers' compensation policy. All employees can receive workers' compensation if they sustain a job-related injury or illness as long as they are not found to be under the influence of any kind, fighting with another employee, or breaking company policies at the time of the incident. After the incident, employees are encouraged to seek medical attention immediately, file an incident report with the company, and then file a claim.

With us, you can ensure we will fight to ensure you receive the compensation you deserve. It is better to seek an experienced attorney to help you navigate our tricky legal system than to go through yet another hardship. Seek assistance today to ensure you are compensated for your medical bills or missed wages. Visit our website to learn more!

The Do's and Dont's of Workers Compensation

 

 It can be difficult to make the decision to file for workers compensation added with the chance that your job may not have everything set up to be able to handle your injury. You may ask yourself "Is it even worth it to file?" You should rely on a simple rule of thumb when deciding on whether or not to file and that is, if an injury is sustained at your job or within the scope of you working there, including occupational accidents, diseases, trauma, injuries or illnesses caused by exposure to work activities or chemicals, then you need to file. At Badnell and Dick we are dedicated to getting you the cold hard cash you deserve to help cover your costs while you are out of work. So let’s say that you have chosen to file, here is a list of Do's and Don'ts that will help ensure that you get your full compensation. 

Do's

• Be sure to report the accident and ANY injuries sustained to your employer. Give them an in-depth description of what happened and who was there or involved.
• Get a written or verbal testimony by someone who may have witnessed the accident happening. This can help you by acting as evidence just in case the insurance tries to deny your claim.
• Make sure you include ALL your injuries on your report, no matter how minor or major they are. It is better to have everything wrong covered, than find out something happened later due to the issue worsening. 
• Double check to make sure that someone filed the incident report and that they have accurately filled it out. 
• Remember there is a time limit on how long you must file a claim, usually you have 30 to 45 days from when the accident happened to file. 
• If you have persistent pain and need to see a doctor, for the treatment to be covered by the insurance you must not cancel any appointments and follow the doctors’ orders directly. 
• Make sure that you keep a thorough and organized record of everything that happens. That means medical receipts, doctor visits, medication expenses, and any written correspondence between you and the insurance company. 

Don'ts 

• Do not discuss your case with anyone outside the necessary party and do not let anyone talk you out of reporting the incident. 
• Do not be persuaded into signing a release form for any reason, especially because it could potentially release your employer and the insurance carrier from liability. 
• Just like the release form do not sign a medical form for any reason, this could give the insurance company access to your medical records, which they do not have permission to see otherwise. 
• If you are medically unstable, do not think about settling your case based off of this. You want to make sure that not only your physical state is well but your mental state also before settling on an amount of compensation.
• and most importantly, do not settle your case before talking with your attorney and going through all your options. 

These tips are just a few pointers to getting the most out of what you deserve from filing for workers compensation. If you or someone you know is looking to file, get ahold of Badnell and Dick, (800)-234-9511, or visit us online. We will work hard to win you the money you deserve. 

Workers Compensation: Are You Entitled to It?

 

    Accidents can happen at the most inopportune times. Being involved in a workplace accident is one of those times. Something happened at work and now you are injured or sick. What steps do you need to take to see if you are eligible for workers compensation? 

    First, take care of your injury. If you injury or illness requires medical attention, seek it out immediately. Secondly, report the injury to your supervisor, in writing if at all possible. Some states require that notice to the employer should be in writing, while others allow a verbal notice. A few states have a short filing date (referred to the statue of limitations), you need to file sooner rather than later so you do not lose any legal rights to workers compensation benefits. Try to do it within 30 days just to be safe. In lots of cases, an employee will fail to report their injuries because of fear of losing their job. That is why it's super important to find a skilled attorney if you have been denied the proper benefits or if you have just failed to receive adequate compensation.

    In Ohio, the statute of limitations is within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care.

    Now for the most important part of getting the correct workers compensation: the doctors report. This report will have a big impact on whether or not you receive the benefits you deserve or if you will be left with nothing. Please keep in mind that the doctor paid for by your employer's insurance company is not their for your benefit. Unfortunately, in the desire to get further business with your employer, a doctor may minimize the severity of your injury or try to pin in on a pre-existing condition. 

An attorney can also make sure that physicians other than the employer-approved doctors examine the claimant. This ensures the employee has the medical documentation needed to support their claim for benefits.

Most injured employees will be granted the maximum  benefits from workers compensation insurance when they use an experienced attorney. If you are located in Ohio, this is a result of the lawyer knowing a comprehensive understanding Ohio workers’ compensation system and can navigate their client through the process.

    Don't hesitate and miss out on your workers compensation benefits. Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our experienced attorneys and staff  have the resources and know-how to help you obtain the maximum amount of benefits to which you are entitled. Call us at 800-234-9511 when you are in need. .

    

5 Steps to Dealing with a Personal Injury or Injury at Work

If you think you or a loved one has suffered from an injury that was the fault of someone else or caused by unsafe working conditions, there are simple steps to take to get the justice you deserve. If you do a Google search, you will find here is a lot of information about what to do and where to begin. But the attorneys at Badnell & Dick are here to make it a simpler legal process and less confusing for their clients. Our 5 tips can help you win your case.

1. Find a New Doctor. Patients who are dealing with a non-fatal experience should immediately end care with the doctor that their workplace provided. This should be done very quickly. Patients have the right to choose who they get their medical care from and this will allow for a second opinion.

2. Request Your Medical Records. Most of the times before a new doctor will further diagnosis you they will want to read your medical charts to see what has been done, and any outside or previous health factors. You will also need these records for your legal case so be sure you have a copy for yourself, and one for your legal team as well.

3. Keep a Journal. A personal record of your health, and symptoms that have come and gone is an important record. It can track anything that has been caused because of injury or sickness. In this journal you can also add in how the mishap has affected your day to day life. Try to include as many details as possible about how it has interfered with your day-to-day life.

4. Do not make contact with other involved parties. Make it very clear to those around you and your new medical team to not speak to anyone other than your lawyer. You should not warn your the individual or workplace that you are considering a lawsuit, and do not leave any potential signs of the case on social media such as bashing the office or talking about making a case. It is best to talk to your lawyer and let them do the communicating.

5. Choose a good lawyer. You will want to make sure the law firm you work with has experience in winning personal injury and worker's compensation cases. Schedule a consultation to meet with the lawyer you chose and ensure they can handle the extent of your case. Be sure to not leave out any information when talking with them. They will begin prompt investigation so you can focus on healing.

At Badnell & Dick, we work on a contingency fee basis for all Disability, Personal Injury, and Workers’ Compensation cases. As a result, there are no upfront costs for you. Our firm will obtain the necessary records, pay any associated costs, and hire the necessary experts. This means that you only pay after we have successfully resolved your case. Your case and your needs will always be our first priority. We will never settle a case because we need the money. We make all settlement negotiations and trial decisions with your input. This means that you have the final say about how and when your case is resolved.

What To Do If You are Injured at Work

Something has happened at work and now you are injured or you are sick. What do you do? Since this happened at work, are you entitled to workers' compensation? Let us help you through the process. Number one, make sure that you take care of your injury. If your injury or illness requires it, seek medical care immediately.

The next most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor, in writing if possible. Some states require that notice to the employer be made in writing, while others allow a verbal notice. However, to be safe, employees should report all on-the-job injuries to supervisory personnel in writing. Since some states have a short filing deadline (called the statute of limitations), you should file immediately so that you do not lose any legal rights you may have to receive workers' compensation benefits from your employer. In addition, many times the employee will not report their injuries until days or weeks after the incident because they fear to lose their job, so finding an attorney right away may be to your benefit. It is especially important to hire a skilled attorney if the employee has been denied their benefits, or have not received adequate compensation.

In Ohio, the statute of limitations is within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care.

After you file for workers' compensation, your doctor's report will have a big impact on the benefits you receive. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you have suffered a significant previous injury or chronic condition.

An attorney can also make sure that physicians other than the employer-approved doctors examine the claimant. This ensures the employee has the medical documentation needed to support their claim for benefits.

Injured employees will likely receive their maximum benefits from workers’ compensation insurance when using the skills of an experienced attorney. This is because the lawyer has a comprehensive understanding of the Ohio workers’ compensation system and can navigate their client through the process.

Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our injury attorneys and staff pride themselves on the preparation and hard work required to take your case to a jury verdict. Trials can be long and complicated. Be sure to hire a qualified and experienced personal injury trial attorney. Call us at 800-234-9511.