How To File a Successful Workers’ Comp Claim in Ohio
Every employer in Ohio is required to provide workers’ compensation insurance for their employees. Workers’ compensation insurance is designed to make sure that workers injured on the job get appropriate medical care. It also provides income replacement to hold the worker and their family over while the employee is unable to earn income.
Like any bureaucracy, the Ohio Bureau of Workers’ Compensation (BWC) has rules and procedures that users must follow. This can be frustrating when you have been injured and are waiting for your benefits to kick in. There are also times when the process seems arbitrary, and the benefits are denied for unfair reasons. That’s why it’s a good idea to seek the services of an experienced Cleveland workers’ compensation attorney.
Steps To Take After You Have Been Injured on the Job in Ohio
If you are injured on the job, report the injury to your employer right away and seek immediate medical treatment. Even if it doesn’t seem serious, many types of injuries can grow worse over time. If you wait to report an injury, unemployment insurance underwriters are more likely to deny your claim.
Employers are required to report any workplace injury to the BWC or a managed care organization within 24 hours. All managed care organizations (MCOs) are certified by the BWC to provide workers’ comp medical care in Ohio. Employers, doctors, and MCOs are all legally required to report workplace injuries, but you will also have to submit an injury report to the BWC.
Here are the steps you should take after being injured on the job in Ohio:
Step 1: Seek medical assistance. For a serious injury caused by a workplace accident, dial 911 right away. When you talk to your doctor about a workplace injury, make sure you report all your symptoms. The effects of an injury may grow worse over time. Save records for all your medical treatments, attend all your appointments, and follow treatment recommendations from doctors, physical therapists, and other health care professionals.
Step 2: Report the injury to your supervisor right away.
Step 3: Consult with a Cleveland workers’ comp lawyer. Your attorney will advise you on your rights and inform you about the best strategy moving forward.
Step 4: Submit an FROI form. You will receive a First Report of Injury Form (FROI) from your employer, or you can download a copy from the BWC website here: https://info.bwc.ohio.gov/. You can also file by phone by dialing (800) 644-6292 between 7:30 a.m. and 5:30 p.m., or you can file by mail following the website directions. You will be asked to include information about the time and date when the incident occurred and the medical treatment you are receiving.
Step 5: Receiving your decision may require several weeks. Take good care of yourself and continue with your medical treatment during this time.
Step 6: Filing an appeal. If your claim is accepted, you are all set. If it’s denied, you have a right to appeal. You are required to . Filing a workers’ comp appeal is a complicated legal process, but your attorney will assist you to make sure everything is in order.
Step 7: Third-party claims. If someone other than your employer committed a negligent action that contributed to your injuries, you may have grounds to file a third-party claim or lawsuit. This may include a driver who crashed into you while you were working, a landlord or property owner responsible for worksite hazards, the manufacturer of defective equipment, or the owner of a dog that bit you.
Were You Injured on the Job?
At George Mineff, Jr., Attorney at Law, we care about the well-being of workers. We’ve been helping injured workers in Ohio get all the benefits and compensation they are entitled to receive since 1984.
Our Cleveland attorneys have been rated Distinguished by Martindale-Hubbell and recognized by Super Lawyers.
Your initial consultation with us is free— call (216) 621-3930 to learn more today.