When workers are injured on the job, they often find it frustrating and tiresome to pursue workers’ compensation benefits. It can be confusing to deal with the Managed Care Organization, Ohio Bureau of Workers’ Compensation, and the employer’s representative.
While receiving compensation benefits from a workplace injury or illness seems fair, our state’s system operates with stringent deadlines and mounds of legal paperwork. The entire process can be overwhelming. This stress is amplified when an injured worker tries to tackle a workers’ compensation claim while also working through the physical and emotional pain resulting from their injuries.
That’s why the experienced workers’ compensation lawyers at the law offices of Mark L. Newman, Attorney at Law have crafted a guide for common mistakes to avoid when applying for workers’ compensation benefits.
DO Report the Injury to Your Employer
One of the most common mistakes for those who seek to claim workers’ compensation benefits is failing to report a work-related injury. In any scenario, it is critical for employees to report any workplace injuries to their employer as soon as possible. If you’re an injured employee, timely reporting is essential to your case. Failing to report a job-related injury is a common reason that employers contest workers’ comp claims.
Typically, your employer will ask you to complete an accident report. But, if you sustained a work-related injury or work-related illness, even if this isn’t required, you should still report your injury or illness in writing. Why?
Your written report provides legal documentation of the injury. It sets a precise timeline. Additionally, you’ll want to document all the facts surrounding your work accident as soon as possible. As time passes, it will be harder for you to remember the key details of your work injury. You will want to specifically describe how the accident occurred, what safety procedures you followed, and any other important details that you think should be included. This will help you tremendously during the claims process.
Furthermore, if there were any witnesses to your accident obtain their names and contact information. If you can, write down how management and the witnesses reacted, including what was said and done immediately following the accident.
DON’T Exceed the Statute of Limitations
Recovering from an injury takes time and rest. Unfortunately, time is not often on your side in workers’ compensation cases.
In the state of Ohio, injured employees must file a workers’ compensation claim within one (1) year of the date of injury or within one (1) year after the disability due to the disease began for an occupational disease claim. It is best practice to file the claim as soon as possible after the injury occurs.
If an injured worker fails to submit the claim application in a timely manner it raises issues about the cause and severity of the injury and the employer might contest the claim.
DO Seek Medical Care
An injured worker should seek immediate medical attention for any workplace injury. It’s important to tell the doctor how the injury occurred, receive necessary treatment and document a diagnosis. If the injured worker doesn’t seek medical attention in a timely fashion or have medical records documenting the work injury the Ohio BWC or the employer may contest teh claim.
DON’T Ignore Your Doctor’s Treatment Plan
If you’ve been injured on the job, it is important to follow the doctor’s advice. Failing to comply with the doctor’s orders, including missing doctors’ appointments, will reflect negatively on your case when the BWC reviews it.
If you don’t trust the treating doctor’s opinion, you may want to visit another doctor (even your own doctor) for a second opinion. But, regardless of the situation, as an injured worker, you need to make every attempt possible to seek treatments and keep appointments. Being vigilant about getting immediate medical treatment and following your doctor’s advice is essentially the backbone of your workers’ compensation claim.
DO Keep Records of Your Injuries and Treatments
If at all possible, you should collect copies of every medical record. This includes medical bills and copies of medical tests, including MRI scans, X-rays, and CT scans. You should also keep a record of all additional costs related to your workers’ comp claim. This can include follow-up treatment costs, lost wages, and any other services that are required to treat or manage your injury. Keeping track of this information will save time and reduce the chance of error.
DON’T Rely on Your Employer or Your Employer’s TPA for Advice
As an injured employee, you should provide a full report to your employer as soon as possible. You should also continue to respect your employer, as ill-will never helps the situation. However, you should not rely on your employer or your employer’s third-party administrator for legal advice regarding your workers’ compensation claim.
Employers have a responsibility to their company, and when an accident occurs on the job, this can take away from the company’s profits. More often than not, employers or advocates within the workplace do not have your best interest in mind; they’re working toward the company’s best interest. And unfortunately, these interests are in conflict with one another.
When you hire a Cincinnati workers’ comp attorney like Mark L. Newman, you can be sure that he is advocating for you, not against you.
DO Hire an Experienced Workers’ Comp Attorney for Your Workers Compensation Claim
Injured employees are sometimes hesitant to hire a workers’ compensation lawyer. In many cases, the injured employee believes that he or she can’t afford one or believes they don’t need one.
While an injured employee can handle a straightforward workers’ comp claim on their own, the assistance of a workers’ compensation lawyer can prove to be a valuable asset. Ohio workers’ compensation attorneys know the worker’s compensation program inside and out. We understand the process behind work injury claims and what your rights are as an employee in Ohio. Additionally, when you work with a seasoned workers’ compensation lawyer, you’ll have someone fighting on your behalf that has extensive experience negotiating with both third-party administrators and the Ohio Bureau of Workers’ Compensation.
Overall, an experienced workers’ compensation attorney can ensure that your rights are protected and you get everything you deserve.
DON’T Accept a Lowball Settlement for Workers’ Compensation Benefits
The Ohio workers’ compensation system provides medical benefits and compensation to injured workers and the dependents of workers who are killed in a workplace accident. Unfortunately, workers’ compensation claims in Ohio can be an incredibly complicated process. The BWC may offer your family an insultingly low payment for your extensive injuries. This lowball workers’ comp settlement offer may seem like what you need at the time, but medical expenses and injuries are often far more expensive than you might initially think. This is why working with an experienced workers’ compensation lawyer is incredibly important to your case.
Workers’ compensation benefits are meant to provide those who were injured on the job with the medical treatment that they need. They’re also meant to replace wages that would have been earned if not for the injury. As such, the outcome of your workers’ compensation claim can affect you and your entire family for months, years, or in some cases, the rest of your life.
Working with an Ohio workers’ compensation attorney will position you for the best possible chance at a favorable outcome.
DO Call Mark L. Newman for Ohio Workers Compensation Claims
Mark L. Newman is an experienced Ohio workers’ compensation attorney who can help you during this painful time. Mark Newman has been serving the Cincinnati area for more than three decades. Since 1989, he has provided top-rated legal representation for injured workers in Ohio. With an in-depth and comprehensive knowledge of Ohio workers’ compensation laws, you can trust our office to provide legal services and advocacy you can trust. Call us today at (513) 533-2009 or reach out to us online to schedule a consultation regarding your case.
