If you are unable to find a job in Ohio because of a work-related injury, you may qualify for workers’ compensation benefits, depending on why you can’t find employment. In other circumstances, filing for unemployment benefits is more suitable. If you’re not sure what action to take, contact a workers’ compensation attorney for help.
Workers’ compensation is a government-enforced insurance program that helps injured workers. If you are unable to find a new job due to a work-related injury, you may be entitled to wage loss compensation, specifically non-working wage loss.
Non-working wage loss is for injured workers with medical approval to work again, with restrictions, when they cannot find suitable employment due to those restrictions. Non-working wage loss is similar to unemployment benefits, but you weren’t laid off – you have a workers’ compensation claim with medical approval for limited/restricted work and cannot find suitable employment. Because you can’t find work due to the injury, you are entitled to compensation. Proving the injury is why you can’t find a job, however, can be difficult without the help of a workers’ compensation lawyer.
There are circumstances when you may not be eligible for workers’ compensation non-working wage loss: if your injury was sustained due to your own negligence or disregard for OSHA or company safety guidelines, you may face disciplinary actions up to and including termination, as well as not getting any of these benefits. Even if your injury was due to the company’s negligence—a faulty ladder, a shoddily repaired loose wire near a sink, or whatever instance you can think of—you may not be eligible for non-working wage loss if you can find a job in the same field, even with your new medical restrictions, and choose not to take it because you want to change careers. This is an example of ineligibility for non-working wage loss. However, if you do find a job in the same field which pays less than your previous job because of your medical restrictions, then those circumstances would fall under the working wage loss. You are entitled to the difference between your new wage and your old wage under this provision.
The attorneys at Agee, Clymer, Mitchell, & Portman will work hard for you and get you the compensation you deserve. Please feel free to contact us at your earliest convenience for your free consultation. Our phone number is (614) 221-3318, and we are located at 226 North Fifth Street, Fifth Floor, Columbus, OH 43215.