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.
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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.
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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.
