Workers’ Compensation: Answers To Common Questions
Philip J. Fulton Law Office invites you to explore our website as you seek answers to your questions about workers’ compensation in Ohio. For more personalized answers, feel free to contact us. Initial consultations are always free. Meanwhile, we offer a sampling of questions and answers that we have discussed with many clients.
Can I sue my employer after a workplace injury?
No. Workers’ compensation takes the place of any opportunity for lawsuits against employers. It is designed to ensure that injured workers receive appropriate medical care after on-the-job injuries without tying up the courts and your resources by lengthy litigation. On the other hand, sometimes a workplace injury results in an opportunity for a lawsuit against a third party such as a manufacturer or subcontractor.
What is third-party liability?
This phrase refers to the legal situation when someone other than an injured worker’s employer is responsible for an on-the-job injury. A detailed investigation into the circumstances behind a workplace injury may uncover a responsible third party such as a tool manufacturer or a property owner.
Can I receive workers’ compensation and Social Security Disability (SSD) benefits at the same time?
Yes, if you in fact qualify for both. The two programs are completely separate and have different criteria. Dollar amounts of your benefits may be affected if you are receiving both. For more details appropriate to your case, talk to one of our disability attorneys.
What if I settle my workers’ compensation claim? Will this fact affect my SSD benefits and/or my eligibility for Medicare?
It is very likely that a settled workers’ comp claim could, in fact, affect your eligibility for benefits payable through other programs. However, a short answer here will not do justice to the complexities involved in individual cases. A personalized evaluation is the next step you need to take if this may be true for you. Note: Through use of the proper language in your workers’ compensation settlement and the use of a Medicare set-aside, you may be able to protect your Social Security Disability benefits and your eligibility for benefits. There is no substitute for an experienced disability lawyer’s analysis, guidance and advocacy in such a case.
We Can Answer Your Workers’ Compensation FAQs — Start With A Free Consultation
Our services are available on a contingency fee basis, which means we only ask for payment if we are successful in getting you the benefits you need.