Experienced Cincinnati, OH Workers' Compensation Attorney

Workers' compensation is a state-mandated program that provides compensation to employees who have suffered job-related injuries and illnesses. 

If your job has left you injured of sick, the long-term financial impact could be devastating to you and your family. Worker's compensation is in place to help injured workers get through these difficult times. The assistance of a Cincinnati workers' comp lawyer will ensure that you have access to the benefits you need.

If you are injured at work, here are the steps to follow:

1. Report the injury to your supervisor or a representative of your employer.
2. Complete a written accident report.
3. You should get medical treatment immediately.
4. Tell the doctor how you were injured and that the injury occurred at work. (You can receive medical treatment from a doctor of your choice as long as the doctor is an Ohio Bureau of Workers’ Compensation (BWC), certified provider.)

A worker’s compensation claim is filed by completing a First Report of Injury (FROI) and filing with the Ohio Bureau of Workers’ Compensation or with your Managed Care Organization. You can also file a claim online at info.bwc.ohio.gov. An injured worker, employer, medical provider, managed care organization, or attorney can file a First Report of Injury. Once the FROI is filed, the BWC will assign you a claim number and investigate the claim. Beginning on September 29, 2017, injured workers must file a claim within one year of the date of injury.

If you received an injury in the course or arising out of your employment, you should have a workers' comp claim. 

Your best option is to contact a Cincinnati workers' comp attorney to determine whether or not you have a workers' comp claim. 

The Ohio BWC makes initial decisions to allow or deny a workers’ compensation claim. A BWC claims specialist will contact you and the employer to discuss your claim. The BWC will also request medical records from the medical providers who treated you for your work injury. The BWC is required to issue a written decision either allowing or denying your claim within 28 days.

Once you receive the BWC decision, you have 14 days to file an appeal and request a hearing before a District Hearing Officer of the Industrial Commission. A DHO hearing will be scheduled within 45 days of filing the appeal. The District Hearing Officer will issue a written decision within seven days and send a copy to the injured worker, employer, BWC and the attorneys for all parties. Once you receive the District Hearing Officer’s decision, you have 14 days to file an appeal and request a second hearing before a Staff Hearing Officer of the Industrial Commission. A hearing before a Staff Hearing Officer will be scheduled within 45 days of filing the appeal to the District Hearing Officer’s decision. If you disagree with the Staff Hearing Officer’s decision, you have 14 days to file an appeal to the full Industrial Commission. After reviewing the facts of the appeal, the Industrial Commission will issue a decision either agreeing or refusing to hear the appeal. In some cases, either party may file an appeal in Common Pleas Court to contest the Industrial Commission decision. A Notice of Appeal must be filed in Common Pleas Court within 60 days of receipt of the Industrial Commission order.

A hearing before the Industrial Commission is informal and takes place in a small hearing room with only a few people present. A hearing can last from a few minutes to 30 minutes depending on the issue. There are two levels of hearing: District Hearing Officer and Staff Hearing Officer. The types of issues presented before the Industrial Commission include disputes regarding:

• Initial allowance of the claim
• Additional allowance requests
• Medical treatment requests
• Temporary total compensation
• Permanent partial disability compensation

Because this is an administrative hearing the formal rules of evidence do not apply. Both parties and their representatives will have an opportunity to present their position and present medical evidence. It is important to understand the issue so you are properly prepared for the hearing. Attorney Mark L. Newman can help you prepare for your Industrial Commission hearing.

Once your claim is allowed, all of your medical providers who have treated you for your work injury should submit their bills to the Managed Care Organization. The MCO reviews the bills and forward the bills to the BWC for payment. If you receive a medical bill, you should advise your medical provider that the treatment was for a work injury and ask them to send the bill to the MCO. The name, address and phone number of your MCO is printed on your injured worker ID card sent to you by the Ohio BWC.

If the pharmacy submitted the bill to the Pharmacy Benefits Manager (PBM) when dispensing the prescription, you will be reimbursed when the claim is allowed. If you paid cash for your prescription and the bill was not sent to the PBM, you will need your pharmacist to complete a BWC Outpatient Medical Invoice (C-17) to get reimbursed.

Your benefits will depend on the extent of your injury and can include the following:

• Payment of medical bills
• Temporary total disability
• Wage loss compensation
• Permanent partial disability
• Permanent total disability
• Lump sum settlement

Since the worker's comp process is different in Ohio than other states, hiring a workers' compensation attorney who's experienced with these difficult cases can help speed along the process and ensure you're getting everything you're entitled to.