How Do I Make a Workers’ Compensation Claim?
If you’re injured at your place of employment, you face the inability to work and the possibility of massive medical bills. There are several options you have after a workplace injury, such as filing a workers’ compensation claim. But, since this can be a complicated process, it’s best to have the help of an Ohio work injury attorney on your side.
A workplace injury can hurt your ability to perform your job and leave you with thousands of dollars in medical bills. Fortunately, if you’ve sustained an injury at work, filing an Ohio workers’ compensation claim may improve your situation.
If you’ve been injured on the job, you may be asking, “how do I make a workers’ compensation claim?” Our experienced Ohio work injury attorneys can guide you through the claim process and ensure your rights are protected while also giving you a thorough overview of other common personal injury FAQ. Call Kisling, Nestico & Redick today at 1-800-HURT-NOW if Ohio workplace injuries have affected your life.
Ohio Workers’ Compensation Requirements
Prior to filing a workers’ compensation claim in Ohio, you must make sure that you meet several requirements. These requirements include:
- Your employer is covered by workers’ compensation insurance. All employers – except for sole proprietors, partners in a partnership, family farm corporate officers, limited liability companies acting as sole proprietors, limited liability companies acting as partnerships, ordained ministers of religious organizations, and individuals incorporated as a corporation with no employees – must have workers’ compensation insurance.
- You are an employee. In order to be eligible for workers’ compensation benefits, you must be an official and legal employee of a business. If you are a volunteer or working under the table, you do not qualify for benefits.
- Your injury is work-related. If you were injured in an incident that occurred outside of work, workers’ compensation cannot help you out. You will need to prove that there is a direct correlation between your injury and job.
Process of Filing an Ohio Workers’ Compensation Claim
If you’ve been hurt at work, you should report your injury to your employer and seek medical care immediately. Next, contact our Ohio workers’ compensation attorneys to ensure that you properly fill out all paperwork and avoid missing any deadlines.
Once you meet with one of our attorneys, you will file a First Report of Injury (FROI) with the Ohio Bureau of Workers’ Compensation (OBWC) online or by mail. Within 28 days, the OBWC will inform you whether your claim has been approved or denied. The following factors will help determine the approval or denial of your claim:
- A thorough description of your accident
- A medical diagnosis of your injury
- Medical documentation that links the treatment you’ve received to your job-related injury
- Details related to your disability and recovery outlook
- When filing a workers’ compensation claim, you should understand that the OBWC does not want to lose any money, meaning they do not necessarily have your best interests in mind. For this reason, it’s imperative to consult a lawyer throughout the filing process to ensure you receive the benefits you may be entitled to.
Why an Ohio Workers’ Compensation Claim May Get Denied
Since an approved workers’ compensation claim may lead to higher premiums for your employer, your employer may argue against your version of the story in hopes that your claim gets denied. Here are several reasons your Ohio workers’ compensation claim may get denied:
- You did not file your claim on time.
- Your employer disputed your claim.
- You failed to provide enough documentation and evidence to prove what happened.
- The incident that led to your injury did not occur at work or while you were performing work-related duties.
- There is a clear discrepancy between your claim and medical records.
- If your claim does get denied, you will be notified via a letter in the mail. You will also only have 14 days after you receive the notification to file an appeal. An appeal will involve a hearing with the Industrial Commission of Ohio and require you to share photos and witness statements that document your injury, medical records, and any other information that will support your case. In the event you do file an appeal, you should bring an attorney to your hearing.
Types of Workers’ Compensation Benefits in Ohio
If your claim is approved, the type of workers’ compensation benefits you receive will depend on the type and severity of your injury. The types of workers’ compensation benefits available in Ohio include:
- Temporary total compensation- If you are temporarily unable to work because of your injury, you will be awarded temporary total compensation which will pay for your medical expenses and some of your lost wages.
- Wage loss compensation- If your injury has forced you to take time off from work, change your career, or perform a lower-paying job, you may receive wage loss compensation.
- Living maintenance compensation- You may receive living maintenance compensation if you are actively participating in a rehabilitation program.
- Permanent partial disability compensation- If you are left with a permanent disability and are able to return to work, this award pays for the limitations of your ability to function caused by your on-the-job injury.
- Permanent total disability compensation- If you are unable to ever return to your job because of a disability caused by an on-the-job injury, you will receive permanent total disability benefits.
- Payment of medical bills- If your medical treatment has been pre-authorized, your medical bills will be paid for.
- Settlement- A settlement- or one-time, lump sum payment – may be negotiated with the OBWC and/or your employer.
Injured on the Job? Contact Kisling, Nestico & Redick
Since filing a workers’ compensation claim can be complicated, you should reach out to our highly skilled Ohio workers’ compensation attorneys at Kisling, Nestico & Redick. With offices in Cleveland, Columbus, Akron, and all around Ohio, we can assist you with filing a claim, and we will make sure you are being treated fairly as an employee.