Filing A Workers’ Comp Claim

workers' comp

Filing A Workers’ Comp Claim

Filing a Workers’ Compensation Claim

By Barbara Kate Repa for NOLO.com

Find out how – and where – to file for workers’ comp.

If you’ve been injured or become ill at work, you may need to file for workers’ compensation. Workers’ compensation pays for medical care, rehabilitation, and some wage replacement if you have to miss work. To get these benefits, you must file a claim and follow your state’s procedures carefully.

Filing a Claim

Get immediate medical care if your injury requires it. You must then inform your employer of your injury as soon as possible. This is a tricky part of processing a workers’ comp claim since states have wildly different limits on the number of days you have to notify your employer; in most states, the limit is one month, but the range is from a few days to two years.

In the unlikely event that your employer refuses to cooperate with you in filing a workers’ compensation claim, a call to your local workers’ compensation office will usually remedy the situation.

Typically, your employer will have claim forms for you to fill out and submit or can obtain a form quickly. It then becomes your employer’s responsibility to submit the paperwork to the proper insurance carrier. Depending on state law, you—rather than your employer—may need to file a separate claim with your state’s workers’ compensation agency. There is a time limit on this, too—often a year after injury. But your state may have a shorter limit.

If your claim is not disputed by your employer or its insurance carrier, it will be approved and an adjuster for the insurance company will typically contact you or your employer with instructions on how to submit your medical bills for payment. But be prepared; things do not always go smoothly. The employer, in an attempt to keep workers’ comp rates from skyrocketing, may fight your right to benefits. The best way you can counteract such disputes is by producing good documentation, including complete medical records, of your injury and treatment.

If your injury is not permanent and does not cause you to lose income, getting payment for your medical bills will probably be the extent of your claim; there won’t be much else for you to do. If you are temporarily unable to work because of your injury, you will also begin receiving checks to cover your wage loss—typically within a week or two after your claim is approved. Your employer will notify the insurance company to stop sending you wage-replacement checks as soon as you recover and return to work.

Ohio Workers’ Compensation Office

Ohio Bureau of Workers’ Compensation
30 W. Spring Street
Columbus, OH 43215
800-644-6292
FAX: 800-520-6446
www.ohiobwc.com


At Eastside Medical Group, we are Ohio BWC Certified to provide work injury care.

Call us today to discuss your work-related injury!

216-342-9199

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work injury

Should You Get An Attorney For Your Work Injury?

Should You Get An Attorney For Your Work Injury?

If any of the following are true with your work injury, you should retain an attorney as soon as possible:

1. Your workplace injuries are severe enough to require surgery.

2. Your workplace injuries are moderate to severe. If you and your doctor believe your health won’t return to the condition it was prior to your injury, you may be entitled to a “permanent partial disability” award.

3. You believe you are no longer able to work on a regular basis in any job.

4. You believe you cannot go back to work at your current job, but believe you could work in some capacity.

5. You have significant pre-existing disabilities.

6. You would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state’s workers’ comp division regarding your workers’ compensation claim.

7. You believe you are not receiving the correct benefits, or wonder if there are additional benefits you could receive.

8. Your medical benefits are denied.

9. Your employer has disputed a decision made by your state workers’ comp division.

10. You do not understand the workers’ comp process and would feel more comfortable if an expert were representing your interests.

Regardless of the circumstances of your workers’ compensation claim, you are entitled to obtain an attorney.

If your injuries are severe enough that your life will be permanently altered, either because of permanent bodily impairment or a change in ability to work, a workers’ comp lawyer will be able to advocate on your behalf to ensure that you receive the medical care and workers’ compensation benefits you are entitled to.

In addition, if your injury may keep you from working permanently, a lawyer can advise you about filing for Social Security disability benefits as well.

Most states offer vocational services to individuals that are unable to return to work in their former jobs due to an industrial injury. A workers’ comp attorney can assist you in navigating the system so that you are most likely to receive retraining or monetary payment to assist you while you obtain alternate employment.

If any aspect of your claim is in dispute with your employer, or your employer’s insurance company, it is important for you to obtain an attorney. In many states, the dispute process is highly legal, involving complex legal rules and procedures.

You will likely be at a disadvantage if you do not retain an attorney to represent your interests in these proceedings.

Remember that it is your right as an injured worker to visit any BWC-Certified Provider that YOU deem necessary.

The choice of care is actually determined by the injured worker. This is an important fact that the injured workers need to know.

Call 216-342-9199 or fill out the form below to schedule a no-cost to you consultation for any problems or injuries that you may be suffering due to your work related injuries.

Upon completing your initial consultation your care options will be discussed in detail so you can make an informed decision regarding your care.

It is the goal of our office to provide you (the injured worker) with the care and knowledge needed to make responsible decisions regarding your health and wellness.

Eastside Medical Group
216-342-9199
Dr. Lauchlin McKeigan, DC
Dr. Jessica Dilley, DC
Dr. Karen Bodnar, DC
Serving patients in Shaker Heights, East Cleveland, and surrounding areas

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