If you are involved in an accident and injured in the workplace, you must follow several basic steps. First, if you are physically able, you should report the injuries or illness to your employer. Next, seek medical attention for your injuries. (If your injuries are severe, seek medical attention first, then report your injuries to your employer). Next, you will file a claim for Ohio Workers’ Compensation.
For each of these steps, you must make careful notes of everything you can remember about the accident, as well as saving all records of your medical treatments, medical expenses, and other expenses related to your workplace accident. Most workplaces have specific policies and procedures in place for reporting an accident that results in injury. OSHA also requires employers to keep a comprehensive record of injuries and illnesses as a means of helping employers identify potential hazards and prevent future injuries and illnesses.
If your company has an HR department, you should determine the policies and procedures for reporting a workplace accident. Your HR department could also ask you to complete forms or answer questions. It is crucial you provide the most accurate information possible when you describe how your workplace accident occurred. In some instances, your employer may recommend a specific doctor, although you are allowed to see any BWC certified medical provider. You do not have to be treated by the doctor your employer recommends.
After your initial visit to your doctor, you must seek ongoing care from a Bureau of Workers’ Compensation certified medical provider. While you can see the BWC-certified provider of your choice, he or she must have that certification. You must always follow any orders from your doctor, including showing up for all appointments and undergoing any recommended treatment. If you disagree with your BWC-certified provider as far as your treatment goes, you have the right to see a different provider. Learn more about the Toledo, OH workers’ comp process by working with our team.
Download Our Guide: Five Essential Steps to Take After Your Ohio Work Injury
Filing a workers’ compensation claim can be a time-consuming and difficult process, requiring workers to closely follow the rules and regulations of Toledo, Ohio law. Any mistakes or errors during the process can have disastrous consequences, including significant delays or outright denial of the claim. For an injured worker who is burdened by large medical expenses and lost wages, such pitfalls can quickly become overwhelming.
Before filing a workers’ compensation claim, it is necessary to report the injury to your employer. Failing to report the injury can impact the success of your claim down the line. Moreover, it is important to seek medical attention for the injury as soon as possible. Seeking medical attention is essential to beginning your recovery and adding to the credibility of your claim.
When speaking with a medical professional, ensure that they understand how to properly document the injuries for a workers’ compensation case. An accurate and detailed description of the injuries will be necessary later in the claims process. Keep records related to your injury and any treatment received, including any relevant information regarding the prognosis of the injury. This information will become necessary as you begin the workers’ comp claims process.
Make sure you gather relevant claim documentation related to your injury, such as medical records, witness statements, accident reports, or any other evidence that supports your claim. These documents will be essential when filing your claim and throughout the claims process.
To formally begin the workers’ compensation claims process, the First Report of an Injury, Occupational Disease, or Death (FROI) must be completed and filed with the Ohio Bureau of Workers’ Compensation (BWC). The FROI can be filed either online, by phone or fax, or via mail to your local BWC customer service office. You will be required to include a range of information in this form, including your rate of pay and the number of hours worked per week. You must also detail the nature and extent of your injury as well as the date on which you first reported the injury to your employer.
Once the Ohio Bureau of Workers’ Compensation has received your application, you will receive a notification letter that includes your claim number as well as the information of the service specialist assigned to your case. It is at this point that the Ohio BWC will begin its investigation into your claim to determine whether or not you are eligible for workers’ compensation due to your injury. The BWC has 28 days to issue a decision regarding your case. They can either approve or deny the claim. If the BWC denies the claim, you have 14 days from receipt of the denial to appeal and request a hearing before the Industrial Commission of Ohio. In a self-insured claim, the employer has 28 days to advise the BWC whether they are accepting or rejecting the claim. If the self-insured employer rejects the claim, the matter will be referred to the Industrial Commission of Ohio for a hearing.
Whether your claim is denied by the BWC or a self-insured employer, an appeal must be filed within 14 calendar days of the decision, making it imperative to act quickly in these situations. An experienced attorney at Schaffer & Associates LPA can help you navigate the appeals process and ensure that you receive full and fair compensation for your injuries.
We often field questions regarding who is legally permitted to file a claim in the state of Ohio. Several parties can start the workers’ compensation claim process in Ohio, not just the injured worker. Aside from the injured employee, a claim can be filed by any of the following:
Many injured workers seek legal assistance from experienced attorneys when filing a workers’ compensation case to avoid costly mistakes and missteps during the process. A Toledo attorney who is familiar with the process will be able to compile necessary evidence and complete relevant paperwork according to state law. Moreover, they have the experience necessary to navigate the appeals process and negotiate the greatest possible settlement for your case.
A workers’ comp claim officially opens when the FROI is filed and the injured employee applies for benefits. There are time limitations set on how long after an injury an employee can apply for benefits, which are detailed by the Ohio Bureau of Workers’ Compensation. In Ohio, injured workers have only one year to file for workers’ compensation benefits.
According to Section 4123.52 of the Ohio Revised Code, while a claim is considered open, the Ohio Bureau of Workers’ Compensation and Industrial Commission of Ohio has “continuing jurisdiction” over the case. This means that an injured worker may continue seeking different types of compensation from these governing agencies based on the conditions of their claim.
The length of time that a workers’ compensation claim can stay open depends on the unique circumstances of the case. Some claims will remain open far longer than others. Claims formally close in one of three different ways, namely:
To keep a claim open, the injured worker must continue submitting claims related to their injury. Each claim must be directly related to their workplace injury or illness to be successfully approved by the court and ensure that their claim remains open. Obtaining proper paperwork from doctors and other medical professionals is necessary in these situations.
You may have questions about the process used to file your Ohio workers’ compensation claim. The following steps are the usual order of events when you have been injured at work and need to file a workers’ compensation claim:
One of your first steps following a workplace accident should be to speak to an experienced Ohio workplace injury lawyer before filing your FROI and seeking benefits from workers’ compensation. Your attorney will review your FROI—as well as other claims package documents—ensuring they are filled out correctly and completely. Your attorney will also check the documents to ensure they reflect what the BWC generally expects to see in a workers’ compensation claim.
Your Ohio workers’ compensation attorney will thoroughly investigate your workplace accident to determine whether a third party can potentially be held liable for your accident. If so, you will file a third-party liability claim in addition to your workers’ compensation claim. Your work injury attorney will help determine the amount of lost wages, as well as the extent of your injuries, and what it will take to get you back to the level of health you enjoyed before the accident.
Since many people injured in the workplace are unfamiliar with the Toledo, Ohio workers’ compensation system and process, it is easy to make mistakes—mistakes that can hurt the claim down the line. The most common mistakes made during the workers’ compensation process include the following:
As soon as the BWC receives the First Report of Injury, they will begin gathering information and investigating your claim. A decision will be made regarding whether your claim is allowed or denied within 28 days. You have the right to appeal that decision. If your employer is self-insured, they will make the initial decision on the allowance of the claim. If they deny the claim or any compensation or medical benefits you have the right to a hearing before the Industrial Commission of Ohio.
If you have been injured at work, an attorney from Schaffer & Associates can help! We can walk you through the process, answering any questions you may have, and ensuring you receive the maximum level of workers’ compensation benefits. At Schaffer & Associates, we genuinely care about your recovery and want to make the system work for you. Our attorneys have more than 50 years of combined experience and will use that experience on your behalf. We fully understand what you are going through regarding your recovery from a serious work injury and will help you through this difficult time. Contact Schaffer & Associates today for a comprehensive review of your Ohio workers’ compensation claim and to learn more about the Toledo, Ohio workers’ compensation claims process.