After an injury at work, it is in your best interest to file a claim as soon as possible. But after your claim is filed, what then? How do you know if your case is moving forward and how do you know where to go from here? In this post, our experienced Cincinnati workers’ compensation attorney Mark L. Newman will answer several of your questions regarding workers’ compensation, including “How do I check on my workers’ comp claim status?”
What Should I Do After a Workplace Injury in Ohio?
Far too many people are unaware of what to do if injured at work in Ohio. Luckily, the answer is simple. The best way to preserve your rights to compensation after a workplace injury is to file a workers’ compensation claim. You are able to request medical benefits and wage replacement with this type of claim.
All of the following parties may legally file a claim in Ohio:
- The injured employee
- Claimants must file a First Report of Injury (FROI) within one year.
- The employer or spouse of the injured employee
- The doctor treating the injured employee
- Doctors who file claims for an injured worker will submit it to either the BWC or managed care organization (MCO).
- An MCO is a company that manages medical treatment for work related injury claims
- They must do this within 24 hours of the treatment visit.
- Doctors who file claims for an injured worker will submit it to either the BWC or managed care organization (MCO).
Survivors of workers who are deceased due to a work-related wrongful death accident can also file a claim to request death benefits.
After the BWC receives a claim, the injured worker or their dependents will receive a notification letter. In addition, they will also receive a BWC ID card in the mail. Usually, this occurs within a few days after filing a claim. With this, the injured worker can create an online account where they can view the current status of their claim.
How Long Do I Have to File a Workers’ Compensation Claim in Ohio?
As of September 29, 2017, House Bill 27 reduced the amount of time injured workers have to file a claim to one year from the date of the work injury or death. The amount of time available to file a claim is what we call the “statute of limitations.”
Meanwhile, workers that suffer from an occupational disease have two years to file a claim.
This may seem like a lot of time, but when people delay filing their claim, they find it goes by fast. Before they know it, the statute of limitations expires. Failing to file a claim before the statute of limitations deadline results in you being barred from filing a claim. This, in turn, completely jeopardizes their ability to receive just compensation for their injuries.
How Do I Check the Status of my Ohio Workers’ Comp Claim?
After a work injury, you likely want to get back to work as soon as possible. However, you also want to make sure you’re completely healed and able to perform your job before you start work again. While you’re waiting to get better and get back to work, it’s normal to want to check on the status of your claim. The best source of information on your claim status will be your attorney or the BWC. You can create an e-account with BWC after you’ve started your claim. This will make it easier to stay up-to-date with your claim status. You need your BWC claim number to set up your e-account. You can find the login portal on the top right of the BWC website, or click this link. Remember that your policy or claim number is not the same as your e-account. Under the workers tag, there is an option to check the status of your claim.
Why Do Some Wait to File Workers’ Comp Claims in Ohio?
Why do people wait if they might need help paying for their medical treatment and making up for lost wages? Unfortunately, there are many reasons. Below, we’ll include some of the most common reasons someone might wait to file a claim:
Fear of Employer Retaliation
Some workers are worried they’ll be demoted or moved to a bad shift if they file claims. Even worse than that, many are fearful that they will be fired entirely. It often doesn’t seem worth the risk if they believe the injuries might go away. (Another mistake people make here is not seeking medical attention. If you don’t see a doctor and don’t document your injuries, you’ll hurt your claim before you’ve even decided to file.)
It’s important to know that if you are injured at work and want to file a claim, you haven legal protections. Retaliatory actions are illegal, meaning an employer cannot intimidate, punish, or fire an employee just for making a workers’ comp claim. Fear of retaliation should not discourage you from applying for the benefits you are entitled to under the law. If you believe your employer is treating you unfairly because you filed a workers’ compensation claim, speak with the seasoned Ohio workers’ comp attorney Mark L. Newman today.
Fear of What People Will Think
If an injury seems insignificant, oftentimes a worker does not want to seem like someone who complains about the smallest ache and pain. For some people, they believe there is a stigma that surrounds those on “workman’s comp.” These people often think that their co-workers will see and treat them differently due to this stigma. When it comes down to it, everyone you work with has access to these same benefits and would likely take them if the roles were reversed. It is important that those injured while on the job look out for their own interests and future rather than work to appease public opinion.
Fear of Missing Work
Some employees are afraid that if they take the time they need to treat their injuries, they’ll lose wages. With a successful Ohio workers’ comp claim, you may also receive lost wages during the time it takes to recover. The fact is that if you go back to work too early, you might lengthen your recovery time in the long run, leading to more problems down the road. Focus on your own recovery while your workers’ compensation attorney handles the rest.
Pressure from Employers
Far too many employers encourage or push injured or sick workers to come back to work right away. Not only do they pressure workers to return to work, but they also might pressure them into essentially sabotaging their own benefits. For example, a boss might push their employee to use their health insurance to pay for treatment. A small business owner might tell an injured employee not to file because their premiums will skyrocket. The employer might promise to take care of their injured employee through other means. All of these scenarios, among many others, may result in the delay or avoidance of filing a workers’ comp claim.
No matter what, you should have the benefits offered by the Ohio workers’ compensation system. It is not your employer’s decision as to how you will take care of yourself. It is ultimately up to you.
Waiting to See How Severe an Injury Is
Finally, another scenario that leads to people waiting to file a claim is because they try to push themselves through these work injuries. They likely do this to avoid any potential short term medical costs as well as ensure their wages keep coming regularly.
It should come as no surprise that waiting or ignoring an injury will not make it go away. In fact, delaying treatment for your injuries can end up costing you even more in the grand scheme of things. That is why you should always let a doctor decide whether or not your injuries are severe or not. Filing a claim is the first step to doing so, as it permits a doctor to request diagnostic tests. This will put you on the road to recovery much faster.
Enlist the Help of an Ohio Workers’ Comp Lawyer
There is virtually no reason someone should ever avoid or even delay filing a workers’ compensation claim. Mark L. Newman has helped numerous Ohioan clients who have concerns regarding their workers’ compensation claims. If you have any more questions like “How do I check on my workers’ comp claim status?” we can help! Give Attorney at Law Mark Newman a call at 513-533-2009 or fill out his online contact form today.
