When Workers' Comp Claims Go to Court: Disputes Over Job-Related Injuries in Ohio
Sometimes Ohio BWC claims or “work comp” claims will be decided in a court of law. One of the most common instances is where there is a dispute over whether or not the claim should be allowed. Generally this means that the employee is alleging that he or she was injured on the job and the employer alleges that there was either no injury or it was not sufficiently work related.
When your right to recovery is on trial, the truth of how you were injured becomes the foundation of your entire case.
Workers Comp Trials in Cincinnati
Many of such cases can be found downtown in the Hamilton County Common Pleas Court. The case may be decided by a judge, a magistrate, or a jury, depending on the circumstances. The issue is generally whether or not the claim should or should not be allowed (i.e., not how much money the employee is owed).
Testimony of Witnesses in a Hamilton County Workmans Comp (BWC) Case
A number of different types of witnesses may testify in such a trial. Some of the more common ones include:
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Eyewitnesses (those who perhaps saw the injury take place)
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Doctors (those who have treated and/or examined the employee)
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Lay witnesses (those who perhaps worked with the employee before and after the injury)
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The injured employee themselves
Getting the Ohio BWC Claim Allowed
If the injured worker gets his/her claim “allowed” at trial, then certain rights will accompany the decision. The claimant may, for example, start collecting compensation for missed time at work as well as payment for reasonable medical expenses.
McKenzie & Snyder LLP represents Ohio BWC clients living in Hamilton, Fairfield, Oxford, West Chester, Colerain, Lebanon, Monroe, Reading, Arlington Heights, Middletown, Dayton, Amelia, Milford, Loveland, Springboro, Ross, Cheviot, College Hill, Mt Healthy, Northside, Clifton, Hamilton County, Warren County, Butler County, Clermont County, Montgomery County and more.
If you have suffered a work injury in the Greater Cincinnati Area and wish to speak with one of our qualified attorneys, please call (513) 737-5180 or use the form to the right.
Written by Andrew Tobergte
