Common Causes of Fatal Work Accidents in Ohio
Posted in: Legal Blog
If you’ve suffered from a work-related injury, you may be entitled to workers’ compensation benefits for medical care and wage replacement. To increase your chances of receiving these benefits, you must understand how the Ohio workers’ comp process works.
At Kisling, Nestico & Redick, we’ve helped many Ohio injured employees secure workers’ compensation benefits so that they can recover fully and ease the financial burden that their work injury has caused.
To collect Ohio workers’ compensation benefits, you must meet the following:
In many cases, your doctor files your workers’ compensation claim. If this is the case, he or she will submit your claim to BWC within 24 hours of your visit. There is not a 24-hour time limit for a worker or third-party a to file your claim as there is with a doctor.
Once BWC receives your workers’ compensation claim, the injured worker will receive a notification letter and a BWC ID card in the mail, usually within a few days of the filing.
If the injured worker or another interested party files the claim, they can submit:
There are several steps in the workers’ comp process that must be followed if you’d like to receive benefits. These steps include:
For your claim to be approved, you must report your injury to your employer as soon as possible. When you do so, explain the injuries that you’ve sustained and how they were caused.
You should give as much detail as possible regarding the cause of your injury and the resulting injuries. Your employer will likely have specific forms for you to complete. This will involve a conversation with your supervisor as well as your human resources department.
Once you’ve informed your employer of your injury, seek medical treatment right away. If you delay visiting a doctor for treatment, your injury may worsen, and you may face complications in the future.
Be sure to visit a doctor who specializes in workers’ comp patients and knows how to properly document your injuries. Your doctor can also help you complete the necessary paperwork that your employer may give you regarding the extent of your injuries.
You must file an FROI with the Ohio Bureau of Workers’ Compensation (BWC) within two years of your injury’s onset or the date you became unable to work. Your employer or doctor may also file an FROI on your behalf.
After an FROI has been filed, you can expect to receive a claim number from the BWC. Then, the BWC will evaluate your claim by talking to you, your employer, and your medical team.
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:
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.
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:
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.
Since filing a workers’ compensation claim is a complex process, it is in your best interest to hire a highly skilled Ohio workers’ comp lawyer from Kisling, Nestico & Redick. They can ensure your claim is filed properly and all deadlines are met so that you receive the benefits you may deserve.
You can depend on a workers’ comp lawyer to:
A workers’ comp attorney can allow you to focus on recovering and getting back on your feet rather than dealing with the paperwork and legalities involved in a workers’ compensation claim.
We’ll answer your questions, address any concerns you may have, and resolve any issues you may be facing while supporting you in pursuing your workers’ comp claim.