Morgan & Justice Co., LPA
800-948-6200 Toll free 614-258-1133 Columbus 740-385-4496 Logan

Are there cases in which workers' comp can be legitimately denied?

The short answer to the question: Yes. Of course. The Ohio Bureau of Workers' Compensation can decide that certain injuries, even those sustained at your workplace, can result in a legitimate denial of benefits that include medical care and wage replacement.

An example of such an injury is one sustained while a worker is intoxicated on the job. If the worker is, say, drunk and falls off of a loading dock, it is very possible that a benefits claim will be denied.

Another example? A worker is fighting at the worksite (presumably with another employee) and is injured in the altercation. Even if the injury is serious, a benefits claim can be legitimately denied under these circumstances, according to the Ohio State Bar Association.

Still another illustration of a situation in which benefits can be denied is in the case of horseplay or messing around on the job. Someone might be just joking around, but if they're injured in the course of goofing off, they can be denied benefits if they instigated or participated in the horseplay.

What about a more serious case in which an employee is commuting to work and is injured? Typically, a worker on his or her normal commute to or from the office, factory or worksite will not be compensated for injuries sustained during the drive. But if they are traveling for work -- driving from Columbus to Boston, for instance, on their employer's orders, their injuries are typically compensable.

The rules, the bureaucrats, the forms, the filings, the hearings: it's all part of wading through the workers' comp process to find out if your injury will result in needed benefits. Attorneys experienced in helping clients navigate the system can be valuable aids in obtaining the medical care and wage replacement on which you and your family depend.

 

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Morgan & Justice Co., LPA

Columbus Office
Morgan & Justice Co., LPA
906 East Broad Street
Columbus, OH 43205

Phone: 614-258-1133
Toll free: 800-948-6200
Fax: 614-258-3344
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Morgan & Justice Co., LPA
12900 Grey Street
Logan, OH 43138

Phone: 740-385-4496
Fax: 740-385-4854
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