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3936 Convenience Circle NW Canton, Ohio 44718
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According to the US Bureau of Labor Statistics, there were over 5,000 work-related fatalities in the United States in 2018, with over 150 deaths in Ohio alone. If your family member has been seriously injured or killed in a workplace accident, you may be entitled to compensation. Learn more about the difference between workers’ compensation and employers’ liability and how it relates to workplace fatalities.

The Difference Between Workers’ Compensation and Employers’ Liability

Workers’ compensation is an employer insurance program designed to compensate workers who are injured while performing their duties. This compensation is intended to cover the cost of medical bills associated with illness or injury and compensate for lost wages if the employee is unable to continue working. In the state of Ohio, all employers must provide workers’ compensation benefits to their employees.

On the other hand, employers’ liability covers incidents—such as illness, injury, or death—due to negligence. Workers may also file an employers’ liability claim if they feel that workers’ compensation does not adequately cover their expenses.

What Is Wrongful Death?

Surviving family members should file a wrongful death claim following a workplace fatality if they believe that the employer is at fault. To file a wrongful death claim, plaintiffs need to prove:

  • Breach of duty. Was the employer in a position responsible for the workers’ safety, and was this responsibility violated?
  • Negligence. Were the employers’ actions careless, reckless, or otherwise negligent?
  • Causation. Did the negligence directly result in the death of the employee?
  • Damages. What is the measured impact of the employee’s death?

The purpose of a wrongful death claim is to seek compensation for damages above and beyond what workers’ compensation may provide. This includes, but is not limited to, loss of the decedent’s potential future earnings, loss of possible inheritance to the decedent’s current heirs, emotional anguish over the decedent’s loss, and more.

In Ohio, only the personal representative of the deceased may file a wrongful death claim. The statute of limitations for wrongful death claims in Ohio is two years.

At Regas & Haag, Ltd, our attorneys handle a wide variety of workers’ compensation and wrongful death claims. If you believe your loved one was wrongfully killed while working, we can help. Visit our website or call (330) 649-9102 to get started.

When a worker suffers from a serious injury while on the job, the lasting damage can greatly impact the individual’s life. Whether the incident has made it difficult or impossible to work for a short time, or for the rest of their lives, the employer must be held responsible for the incident and its impact on the employee’s future. 

When you are injured because of your job or if you have developed a work-related illness, there are laws that can help you to get the compensation you deserve for the loss you have suffered. However, it’s important to understand the Ohio workers’ compensation laws to ensure you are compensated fairly. 

What Are the Workers’ Compensation Laws in Ohio?

The workers’ compensation system in Ohio will provide funds for individuals who have suffered injuries or for any health issues caused due to the work required. These funds are specifically meant to cover medical expenses and lost wages as a result of the harmful work incident in an effort to provide peace of mind and fair compensation for the injured employee. However, it’s important to note that claimants only have one year to put forth their claim for review. 

As an injured worker in Ohio, you have rights. You deserve to be treated fairly and to receive the appropriate care and compensation which you are entitled to. You have the right to access high-quality BWC-certified healthcare of your choosing, have your approved medical expenses paid for, and to receive timely payments for these services. 

What Benefits Will I Receive From My Workers’ Compensation Claim? 

Now that you understand the laws, it’s also important to understand how they can benefit you if you need them. If your claim is approved by the Bureau of Workers’ Compensation, you may be entitled to any one of the following:

  • Medical benefits
  • Lost wages
  • Disability payments
  • Retraining or rehabilitation benefits

How Can I Submit a Workers’ Compensation Claim in Ohio?

Submitting a claim can be difficult, depending on the circumstances of your injury or illness. After all, in order to receive compensation, you must verifiably establish that 

  • The injury or illness happened in the course of your employment and that
  •  Your work was the cause of the injury or illness suffered.

Hiring a professional attorney can help you ensure you are able to prove the requirements above and can receive the compensation you deserve. To schedule a free consultation to discuss your Social Security Disability or Workers’ Compensation benefits, call the office of Regas & Haag, Ltd. immediately at 330-649-9102 or toll-free at 1-800-520-2200.