If you’re a truck driver in Ohio who suffered injuries in another state while working, you could qualify to file a BWC claim for workers’ compensation benefits. The Ohio Bureau of Workers’ Compensation (BWC) oversees this no-fault employer insurance program, which provides coverage for employees who suffer work-related injuries or illnesses.
Unlike with personal injury cases, where the injury occurred doesn’t determine where you file a workers’ compensation claim. Even if your injury occurred in another state, you must apply for coverage through your employer. Therefore, as long as the company you work for is located in Ohio, you are under Ohio’s jurisdiction.
A lawyer from our firm can explain further and help you request compensation for your medical care and missed wages.
Filing a BWC Claim for an Out-of-State Truck Injury
Workers’ compensation insurance provides coverage for illnesses and injuries obtained on the job. For truck drivers, this can involve injuries suffered during a truck accident. Since workers’ compensation offers no-fault coverage, you do not have to prove another party was responsible for the collision to collect benefits. Instead, you must:
- Report the injury within the necessary timeframe
- Establish that you suffered injuries while performing your assigned job duties
- Receive a medical evaluation and treatment from an approved physician
- Follow all of your doctor’s instructions regarding recovery
You can try filing a BWC claim yourself, or you can let a lawyer do so on your behalf. This way, you won’t have to deal with your employer, the BWC, a court, or anyone else related to the case directly.
Hiring a Lawyer for Your Workers’ Compensation Claim
It can be difficult to actually obtain the compensation you deserve, but a workers’ compensation lawyer from our firm can help. Your lawyer will be able to:
Help You Navigate the Claims Process
The workers’ compensation claims process can be difficult for injured workers to navigate by themselves. With all the paperwork, legal language, claims coordinators, and insurance adjusters, some workers just get lost in the process.
It’s critical to ensure your workers’ compensation claim is prepared correctly and filed on time. Mistakes on the application could keep you from receiving the amount of benefits you deserve, or any at all. An attorney can prepare your case to limit this possibility.
Navigate Any Changes in the Law
Laws around workers’ rights are always changing. Often, there are new court decisions regarding the specifics of the laws.
Such changes may affect your workers’ compensation claim. However, your lawyer can address these changes and protect your claim.
Refute a Claim Denial
Some workers’ compensation claims can be denied. If your claim is denied, the reason may be a lack of information in your claim or a dispute of your claim from your employer. However, your lawyer may be able to help you refute the reason for your claim’s denial.
Help You Claim Damages
The amount of damages you qualify for depends on the severity of your injury and how long it will take you to reach maximum medical improvement (MMI). In general, the injury categories are:
- Permanent total
- Temporary total
- Permanent partial
- Temporary partial
The treating physician should determine which category your injuries fall under, allowing the BWC to issue damages accordingly. However, sometimes applicants require a second opinion regarding injury severity. An attorney can explain your rights and help calculate the amount of damages you should be receiving.
What Workers’ Compensation Benefits Cover
You could receive benefits for:
- Emergency medical treatment
- The initial doctor evaluation
- Pain medications and other treatments
- Assistive medical devices
- Wages you missed from the truck collision or recovery process
Additionally, you may be able to claim death benefits if you’re a dependent of a worker who died due to a truck injury. You can contact our firm to learn more about the benefits and damages you may be eligible for.
You Could Also Seek Damages in the State Where You Were Injured
It’s possible to file a workers’ compensation claim with your employer and a personal injury claim against a third party at the same time. For example, if another driver caused your collision, you could file a claim with their insurer for other damages.
In this scenario, you will need to prove the other party’s negligence and liability. Fortunately, an attorney can help you with both processes so you don’t have to worry about anything post-accident besides your physical recovery.
Reach Out to the Fitch Law Firm LLC Today
You can be confident in our ability to advocate for you and help you recover the compensation you deserve. During a free consultation, we’ll evaluate your case and explain your options for seeking damages to cover your injuries. If you choose to hire one of our attorneys, we can take care of filing your claims for you. Call us today for your free consultation.