September 13, 2024
Are you wondering what happens in a workers’ compensation hearing? Or asking if you really need an attorney to represent you? Having a skilled workers’ compensation lawyer is essential for navigating the complexities of your case. Here’s why a workers’ compensation lawyer can significantly impact the outcome of your hearing and help maximize your benefits:
The Ohio Industrial Commission would not schedule a hearing if an important issue was not being decided in your case. From the initial allowance of the claim, to the allowance of additional conditions, the addition of benefits, or the size of your lump sum payment, these issues are crucial to the existence of your claim and the benefits you receive.
Injured workers frequently suffer injuries that can threaten their careers. They can face the varying medical opinions and advice from their medical professional and the exercises demanded of them from physical therapists and other professionals. Focusing on recovery should be the most important priority, not researching the issues surrounding their workers’ compensation claim.
When your house is flooding and you need a professional to stop it, do you ask your neighbor or a plumber? Similarly, Ohio Industrial Commission hearings can be complex, but extremely important. You want someone who has experience with these kinds of matters and can help represent you in a professional and effective manner.
Many fellow workers’ compensation attorneys for injured workers can tell the same story a million times. An injured worker didn’t think they needed an attorney and their claim was denied. Or their claim was allowed, but their doctors didn’t look deep enough so they only got a simple sprain approved, but a dangerous undiagnosed condition lurked in the background, making a full recovery impossible. An attorney knows what issues to push, what types of conditions to seek, and what benefits you are eligible for, and will fight to maximize them.
Hearing officers at the Ohio Industrial Commission are looking for specific things to help an injured worker meet the burden of proof. Often that is doctor’s reports that need certain magical words to meet their requirements. A doctor supporting an injured worker’s condition needs to state that he/she believes with a reasonable degree of medical certainty that a certain condition was caused by the work injury. Without this statement, a doctor’s report may not be helpful at all. A good attorney will work with you and your doctor to ensure you have all of the necessary reports at your workers’ compensation hearing.
I have been practicing for over a decade and I cannot think of a single former client that did not benefit financially from employing an attorney. The workers’ compensation system is incredibly complicated and the average person should not be expected to know how the system works. Most injured workers without attorneys do not know how to apply for permanent partial disability benefits and even if they do, they do not know how the process works or that they should hire their own doctor to perform an exam contrary to the state doctor’s report. This frequently benefits the injured workers with thousands or tens of thousands of dollars in benefits they would not have known to apply for or maximize without legal counsel. Generally, attorneys are cheap and they pay for themselves.
A good attorney can help an injured worker in many small ways. One of those small but important ways is to help organize your argument for your workers’ compensation hearing. Many times, the reasons why a work injury should be allowed is obvious to the injured worker, but can be hard to explain. The employer will ask a lot of questions of the injured worker that he/she might not have considered such as why you didn’t report the injury immediately to your boss, or why you didn’t take pictures, etc. A good attorney will guide you in preparing concise, factual responses to workers’ compensation hearing questions, ensuring your argument is well-structured, legally sound, and presented in a manner that maximizes your chances of a favorable outcome.
Hearing Officers at the Ohio Industrial Commission rely almost exclusively on objective evidence. While an injured worker’s testimony can be important, the gold standard for evidence is objective diagnostic evidence from doctors or other medical professionals without a stake in whether your claim succeeds or fails. That includes doctor’s reports, but MRIs, CAT scans, and other medical tests can be even more important in providing the hearing officer the evidence they need to rule in your favor. A good attorney knows the kind of evidence you need and can point you in the right direction in securing that evidence to win the hearing.
All workers’ compensation attorneys work on a contingency fee, meaning they get a percentage of certain benefits you get. But that amount never exceeds 1/3 of what you recover. More importantly 1/3 of zero is zero, so if your claim fails, you don’t owe your attorney anything. But personally, I have never had a client that walked away with nothing. And that’s because my clients had a good attorney ensuring they were taken care of in every facet of their claim.
And the most important reason an injured worker should have an attorney for their hearing is…
At the vast majority of workers’ compensation hearings, the employer is represented by an attorney and if not, then they are represented by someone who has represented employers at hundreds or thousands of claims. Employers do not handle workers’ compensation claims on their own because they know how important and confusing the system can be and want a professional to handle it. You should do the same. Why not have a professional in your corner that can reduce your stress, ensure you have strong representation, and allow you to focus on your recovery? This is your career, don’t let your employer make decisions on your health and well-being.
If you are interested in having an attorney represent you at your next Ohio Industrial Commission Hearing for your workers’ compensation claim, reach out to the Hurm Law Firm at (216) 860-1922. We offer free consultations.
Address: 135 Southwood Road, Akron, OH
Hours: Monday - Friday 9:00AM - 5:00PM
Phone: (216) 860-1922 | Fax: (216) 820-4347