Workers’ Comp FAQs

FREQUENTLY ASKED QUESTIONS ON WORKERS’ COMP

I’VE BEEN INJURED AT WORK, WHAT SHOULD I DO? HOW DO I PROTECT MY RIGHTS?
  1. If your injury is a non-emergency, notify your supervisor or department-head immediately. Fill out the appropriate incident report and always ask for a copy. For serious injuries you should seek medical attention first.
  2. Go to the emergency room, or see a physician as soon as possible.
  3. Contact a competent attorney. Pencheff and Fraley LPA will work to make sure your claim is properly handled and that you receive all the benefits you are entitled to. Click here to setup a free consultation.
WHAT IS WORKERS’ COMP?

Workers’ Comp, short for Workers’ Compensation, is a form of insurance that provides wage replacement and medical benefits for employees who are injured in the course of employment. In exchange, employees give up their right to sue their employer for negligence.

WHAT INJURIES DOES WORKERS’ COMPENSATION COVER?

Workers’ Compensation covers almost any on the job injury, including long-term diseases resulting form your work (for example: asbestos, toxic chemicals, extreme noises, repetitive motion, etc.), pre-existing injuries that were made worse by an accident at your job, and even injuries caused by a third party while on the job.

WHO PAYS MY WORKERS’ COMPENSATION BENEFITS?

That depends on your employer. Employers who are self- insured pay workers’ compensation benefits directly to their employees. All other employers pay a premium to BWC, like insurance, to cover the cost of injuries to their workers. In these cases, BWC pays the compensation benefits.

If your claim is ultimately allowed, BWC, in cooperation with your MCO, or your employer will pay your medical bills associated with your injury. If you are so seriously injured that you cannot return to work for eight or more days, you may also receive a percent of the wages you have lost for the workdays that you have missed.

HOW LONG WILL IT TAKE ME TO GET MY BENEFITS?

This depends on many factors, and is impossible to say without reviewing your individual case. Having an experienced attorney on your side, however, will help you receive your benefits much faster, as you can be sure that your attorney will file all the necessary paperwork to keep your clam moving to make sure you get your benefits as soon as possible.

HOW ARE MEDICAL BENEFITS PAID?

Medical treatments for your allowed conditions are paid 100%. You should have no out of pocket expense.

WHAT ARE THE FEES? CAN I AFFORD A LAWYER?

All fees for workers’ comp cases are contingent fees. This means that Pencheff and Fraley LPA collect no fees unless we are successful in obtaining compensation for you. Typically, the fee is 1/3rd of what is recovered, and there is no fee due unless and until money is actually collected for you.

DO YOU CHARGE ON ONGOING TEMPORARY TOTAL DISABILITY?

No. The fee is only charged on the portion of temporary total disability that is obtained by our efforts. We do not charge on the ongoing temporary total.

IS IT POSSIBLE TO “SETTLE” MY CASE?

Yes. Under certain circumstances it may make sense to reach a full and final settlement of your claim. A settlement would pay a lump sum of money for closing your case.

IS THERE A TIME LIMIT FOR FILING MY WORKERS’ COMP CLAIM?

Yes. The statute of limitations (time limits) for bringing a workers’ compensation claim is based upon a variety of factors, so it is important to consult a lawyer as soon as possible. However, even if you were injured some time ago, you may still have a case. Talk with one of our experienced lawyers to get more information.

CAN MY EMPLOYER RETALIATE AGAINST ME FOR FILING A CLAIM?

The Ohio Revised Code Section 4123.90 provides that no employer shall harass, demote or discharge an inured worker because they filed or pursued a claim. If this happened to you, call us immediately as there is a very short 90-day statute of limitations to give your employer notice.

Frequent Questions...

After a car accident or another injury accident, it’s normal to have a lot of questions. Unfortunately, it’s nearly impossible to get clear, honest information from the insurance company. Here, our personal injury lawyers answer some of your most common questions.

I GOT IN AN ACCIDENT. WHAT SHOULD I DO?

Immediately after an accident, prioritize your safety. Move to a safe location if possible, seek medical attention, and call the police. Document the accident scene, gather witness information, and avoid discussing fault. Once you’re safe, contact LawyerUp® for guidance on your next steps.

HOW DO I PICK THE BEST PERSONAL INJURY LAW FIRM?

Choose a firm that specializes in injury cases, has a solid reputation, a track record of high settlements, and offers a transparent fee structure. Client testimonials and reviews can also provide insights. LawyerUp® checks all these boxes.

HOW MUCH CAN A PERSONAL INJURY LAWYER TAKE FROM MY SETTLEMENT?

It will always be an upfront contract between you and the lawyer. Typically, a contingency fee arrangement ranges from 25% to 50%. The exact percentage can vary based on the complexity of the case and the state at which it is resolved.

WHAT IS THE AVERAGE SETTLEMENT FOR PERSONAL INJURY CASES?

Settlements vary greatly based on the specifics of each case, such as injury severity, liability clarity, and the involved parties. It’s best to consult with an attorney to understand potential settlement amounts.

CAN YOU TELL ME HOW TO FILE A PERSONAL INJURY CASE?

While you can file a personal injury claim on your own, it’s advisable to work with a skilled attorney. The process involves gathering evidence, determining liability, negotiating with insurers, and possibly filing a lawsuit.

I’M LOOKING FOR A PERSONAL INJURY LAWYER. DO I HAVE A CASE?

Every case is unique. Contact LawyerUp® for a free evaluation to determine the validity and potential value of your claim.

HOW DO I GET THE BIGGEST PAYOUT FOR MY INJURY CASE?

By gathering strong evidence, consulting medical experts, and working with experienced attorneys like those at LawyerUp®, you can maximize your chances of a higher payout.

WHAT KIND OF INJURY CASES DO YOU WORK WITH?

At LawyerUp®, we handle all types of injury cases, including auto accidents, workplace incidents, medical malpractice, slip and falls, product liability, and more.

HOW LONG IS THE STATUTE OF LIMITATIONS IN MY STATE TO FILE A PERSONAL INJURY CASE?

In most states, you generally have four years from the date of the injury to file a personal injury lawsuit. However, exceptions exist, so consulting an attorney promptly is crucial.

HOW MUCH IS MY CASE WORTH?

The worth of a case is determined by various factors, including medical costs, lost wages, pain and suffering, and other damages. Schedule a free consultation with LawyerUp® to get an estimate.

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    https://pencheffandfraley.com/wp-content/uploads/2019/10/logo_white_small_04.png
    48-49 Russell Square, WC1B 4JP, London
    1 800 643 4300
    info@goldenblatt.co.uk

    Follow us:

    FREE CONSULTATION

    Goldenblatt Law Firm SRA ref 669401. Calls may be recorded for quality and training purposes.

    Copyright © Goldenblatt 2019

    OUR LOCATIONS

    This website contains Attorney Advertising and is designed for informational purposes only. Any information obtained should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.

    © 2026 Pencheff and Fraley LPA.. All Rights Reserved. Privacy Policy *Client photos are illustrative only.