For anyone injured on the job, workers’ compensation can serve as a lifeline.  If you find yourself in this situation, you probably feel stressed about the uncertainty of the future, wondering how you will pay medical bills along with other daily expenses.

Filing a workers’ comp claim can help you and your family with these expenses so that you can focus on your recovery. However, workers’ comp claims are often complex and those who are unexpectedly hurt and unable to work often don’t know how to properly file a claim. That is what we’ll discuss in this article, so you can ease some of the uncertainty that comes along with a work injury.

Is my injury eligible for workers comp?

You are eligible to receive workers’ compensation if you are injured while acting within the normal scope of your job.

Exceptions:

• You may not be able to receive workers’ compensation if your injury can be remedied by basic first aid, such as small cuts or scrapes, and does not require treatment by a medical professional.
• If you are doing something illegal while at work and you’re injured as a result, you will not be eligible to receive worker’s compensation payments.
  If you are an independently contracted worker, you may not qualify.

Do I have to be at work when I’m injured to receive workers comp?

No. As long as you were performing a work-related duty when you were injured, you are eligible for workers comp regardless of your physical location at the time the injury took place.

Exceptions: 

• Commuting to work is generally considered outside of the scope of your employment, and an injury that happens during your commute will not qualify for workers’ comp.

How do I report a workplace injury?

Before filing a worker’s compensation claim, you should first report your injury to your employer. It’s important to do this as soon as possible. If you wait too long, it could negatively impact your claim.

It’s a sad fact that there are those who are looking to defraud the system and file a workers’ comp simply for financial gain. The longer you wait to file a claim, the less likely that you’ll maximize your benefits. Waiting to file allows too many opportunities and questions as to the true extent and severity of your injury.

For this same reason, it’s important to also seek medical treatment as soon as possible. This allows your recovery to begin while also adding to the legitimacy of your claim.

What happens after I report my injury to my employer?

A first report of injury filed (FROI) with the BWC will begin your formal claim. This can be done by either your employer or your doctor, however, if neither party reports your injury to the BWC, then you will have to report it yourself.

You can do that here: File a workers comp claim with BWC

Next, the BWC will review your claim by speaking with you, your doctor, and your employer. It’s important to be honest and thorough with officials. If you are approved, you will begin receiving benefits. However, if you are denied, your workers’ comp lawyer can help you prepare an appeal, which must be filed within 14 days. Even if you are approved for your claim, the BWC may pay you insufficient benefits. 

Your next step is to hire a workers comp lawyer. Workers’ comp claims can be very complex. The best chance at getting the compensation you deserve is to have an experienced workers comp lawyer to ensure nothing is overlooked. As a workers comp lawyer, I’ve helped over 3,400 people get the benefits they deserve. I understand every part of the workers’ compensation process in Ohio, and I can help you make sure that you get the help you and your family need during this difficult time. Contact me for a free case evaluation.

Slip-and-fall injuries can happen to anyone, especially in physically demanding environments like factories or warehouses. At first, you might dismiss the injury as minor—until days later, you realize it’s more serious than you thought. If this happens, it’s crucial to know your rights and the steps to take to secure workers’ compensation for medical expenses and lost wages.

Here’s a guide to help you navigate the workers’ compensation process in Ohio.

Step 1: Report the Injury to Your Employer

The first step after any workplace injury, no matter how minor it seems, is to notify your employer as soon as possible.

• Why It’s Important: Timely reporting ensures that your injury is documented, which is critical for a successful claim.
• How to Do It: Provide written notice of the incident, detailing what happened and the injury sustained.

Pro Tip: Even if you initially feel fine, report the incident. Some injuries, like back strains or sprains, may not show symptoms immediately.

Step 2: Consult a Workers’ Comp Lawyer

Ohio workers’ compensation laws can be complex, and mistakes in filing could lead to a denied claim or reduced benefits. Hiring an experienced workers’ comp attorney ensures that your claim is filed correctly and that you receive the full range of benefits you’re entitled to, such as:

• Medical benefits
• Temporary or permanent disability benefits
• Lost wages
• Vocational rehabilitation

Why It Matters: An attorney can guide you through the paperwork and help you fight a denied claim if necessary.

Step 3: Complete and Submit the Necessary Paperwork

In Ohio, most workers’ comp claims involve the Bureau of Workers’ Compensation (BWC). However, if your employer is self-insured, they may manage claims independently.

• How to File:
  • Complete a First Report of Injury (FROI) through the BWC website or submit a paper form.
  • Your employer, treating physician, or a representative (like your attorney) can also file on your behalf.

Pro Tip: Double-check all forms for accuracy. Any errors could delay the processing of your claim.

Step 4: Wait for Claim Approval or Denial

Once your claim is submitted, the insurance carrier or BWC will review it and either approve or deny the claim.

• If Approved:

  • You’ll receive details on payment for medical bills, disability benefits, and a portion of lost wages.
  • You and your attorney can negotiate for a larger settlement if needed.

• If Denied:

  • Request a reconsideration from the insurance carrier.
  • File a formal appeal with the state workers’ comp board, with your attorney’s assistance.

Step 5: Returning to Work

When you’re ready to go back to work, notify both your employer and the insurance company in writing.

• Modified Duties: If your injury prevents you from resuming your previous role, your employer may offer a modified role or alternate tasks through a formal return-to-work program.
• Permanent Disability: If your injury leads to permanent limitations, you may qualify for additional disability benefits.

Common Questions About Workers’ Comp in Ohio

1. Can I get workers’ comp even if the accident was my fault?
Yes. Ohio is a no-fault state for workers’ compensation, meaning you don’t need to prove fault to file a claim.

2. How long do I have to file a claim?
You have one year from the date of injury to file a workers’ compensation claim in Ohio.

3. What if my employer disputes my claim?
If your employer contests the claim, you can appeal through the Ohio Industrial Commission with the help of an attorney.

Why You Shouldn’t Handle This Alone

Filing a workers’ comp claim can be overwhelming, especially when you’re recovering from an injury. An experienced workers’ compensation attorney ensures:

• Your claim is filed correctly.
• You receive all eligible benefits.
• You have a strong advocate if your claim is denied.

If you’ve been injured on the job, don’t wait. Contact workers’ comp attorney Thomas Marchese today to get started on your case and focus on what matters most: your recovery.

Workers who have needlessly suffered a workplace injury deserve to be compensated for their medical bills and lost wages. While workers’ compensation laws try to make that a clear and attainable objective, pitfalls can limit or even undermine your claim, including getting it outright denied.

Let’s discuss some steps you can take to maximize your workers’ comp claim.

Don’t Handle This Alone.

The simplest way to maximize your claim is to hire an experienced workers’ comp attorney. Submitting your initial paperwork is crucial to setting up the relief and reimbursement you may receive. Once you have filed your claim, workers’ comp carriers can push anxious and injured workers to make hasty decisions regarding their case. A lot of times, claimants may not be aware of all the options that may be available to them.

However, a skilled lawyer can ensure the initial paperwork is strong and present a clear case for compensation, and advise injured workers of their rights and full options, including the level of risk versus return for each. Don’t be pressured to accept an unfair settlement or agree to a lower disability percentage. If you find the terms unacceptable, we are prepared to demonstrate at a hearing our evidence why your case for reimbursement should be increased.

Follow Your Employer’s Guidelines for Filing a Claim

The longer you wait to file a claim, the less likely that you’ll maximize your benefits. Waiting to file allows too many opportunities and questions as to the true extent and severity of your injury. This is often viewed as a red flag that many carriers look out to help weed out improper, invalid, or untimely claims.

That is why it’s essential that you file a claim as soon as possible and follow all of the requirements and requests for information regarding your claim. Failure to do so could not only limit the compensation you receive but could also result in your claim being denied.

Stay Organized.

A lot of workers’ comp claims revolve around your medical records. So, not only should you ensure that you have all of your medical records from all of your providers, but you should keep them organized. This allows a workers’ comp carrier to find the relevant information to help support your claim, and it also can highlight how your injury may not have healed and progressed as the doctor believes it should have.

Having your medical records in a neat and orderly fashion can help provide a clearer medical chronology to help the examiner and judge determine your true disability level.

Bottom line

Although these tips are the best ways to maximize your workers’ compensation claim, with over 40 years of experience, workers’ comp lawyer Thomas Marchese has other skills and proven litigation tactics to further maximize what you may be entitled to.

If you’ve been injured on the job, call me today. We’ll get started on your case so you can focus on healing.

For any worker injured on the job, it can be difficult to know if you should file a workers compensation claim and when to do it. You may be asking yourself,

“Is my injury severe enough to file a workers comp claim?”
“Will my employer fire me for filing?”
“What bills are covered when I file for workers comp?”

In this article, I’ll answer those questions and more.

What Benefits Are Available through Workers Comp?

By law, injured workers are entitled to the benefits they need in order to get better, pay their bills, and compensate them for a permanent or long term injury. If you’re ever hurt at work, you’ll need to know about these three benefits.

1. 1. Medical Treatment
      The first and probably the most important benefit is payment for any medical treatment as a result of the injury. That includes emergency room bills, MRIs and X-rays, diagnostic testing, physical therapy and surgery, even psychological testing to help deal with the emotional repercussions that can often come from sustaining a serious injury. Workers compensation covers all associated costs, including co-pays and deductibles.
   2. Reimbursement of Lost Wages
      If your authorized doctor says you can’t work due to your injury, you will receive weekly benefits from workers’ compensation covering your wage and rate. Those payments will continue as long as you continue to receive authorized care, while awaiting surgery or recovering, until your doctor gives written consent that it is safe for you to return to work. Protecting your right to wage replacement is just another reason to file a claim. 72% of lost wages for the first 12 weeks, 66 ⅔% thereafter.
   3. Long-Term Monetary Losses
      Let’s say you experienced a heavy lifting injury that resulted in a herniated disc in your spine. Hopefully, you make a full recovery, get back to work, and have little or no lasting side effects from that injury. Unfortunately, there are many people who go on to have long term physical limitations despite having the best care. That doesn’t mean you can’t work ever again or enjoy life, it just means that you have to be more careful and possibly change the line of work you are in to compensate for any range of motion limitations or other lasting side effects. How much you receive in workers comp payments depends on the injury, occupation, job function as well as personal lifestyle. You are unlikely to receive compensation for a permanent injury without filing a workers comp claim. Our website homepage lists available benefits with more detail.

When Should I File a Workers’ Comp Claim?

IMPORTANT: You have one year from the date of your injury to file a claim with the Ohio Bureau of Workers’ Compensation (BWC).

Even if you don’t immediately think you’ve been badly injured, report your injury to your employer. That slight pain in your back could make you unable to get out of bed in a few days. Leaving your injury unreported can jeopardize your compensation. If you find yourself unable to perform your job to the best of your ability, you should file a claim immediately – we are here to help.

Can My Employer Punish Me for Filing a Workers Comp Claim?

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim. It is illegal to punish an employee in any way simply for them filing a workers comp claim.

Under Ohio Workers Compensation Laws, a worker does not need to prove fault to bring a claim.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

Have you or a loved one been injured at work? Workers’ compensation claims are complex. Call or email me today to discuss your injury. Workers Compensation is all we do. We have proven success, your consultation is free, and I don’t get paid until you do.

While receiving workers comp benefits, I was fired or laid off.

Generally, if you were receiving benefits when you were fired or laid off, you will continue to do so. However, if you were fired for disciplinary issues, you could lose them.

It may help if you understand that Workers Compensation is an insurance policy much like your home or auto insurance. Every Ohio business with employees must provide this insurance coverage. Like your home or auto insurance, your employer pays premiums for it. Maintaining an accident-free workplace typically results in lower premiums.

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim.

Non-union employees are typically hired on an “at-will” basis, with some exceptions. Employers are not required to give any explanation when firing, and can simply restructure and eliminate your position and there is nothing you can do about it. There is an exception: If you are under contract, the contract might list acceptable reasons for firing you.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

While receiving benefits, my employer went out of business or filed for bankruptcy.

This shouldn’t affect your benefits, as they are paid out by the Bureau of Workers Compensation.

While receiving benefits, my position was replaced.

Your employer does not have to hold your position open. If your role is essential to the functioning of the company, they have the right to replace you.

I was injured on the job, filed for benefits, and was denied.

You may be able to file an appeal.

Workers’ compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits.

If you have already filed, and your claim was denied or terminated, call attorney Tom Marchese for a free, no-obligation discussion.