The first step after getting injured at work is to visit a medical provider for injury evaluation and treatment. Next, report the injury to your employer as soon as possible. Be sure the injury report is in writing. You must also fill out the First Report of Injury (FROI) form and file it with the Ohio Bureau of Workers’ Compensation (BWC). If you’re not in a position to fill out this form, your healthcare provider or employer can help you complete it.
The bureau can approve or reject your claim. Letting a workers’ compensation attorney handle the claim process on your behalf can better the chances of the BWC approving your claim and awarding reasonable compensation. The lawyer can also handle the appeal process if your claim gets denied.
So, what should I do if I’m injured at work? Workers’ comp lawyers at Young, Reverman & Bolotin are ready to answer your question and provide legal support. Call us at 513-400-0000 now.
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Workers Compensation Laws in Ohio
Ohio laws require all employers to have workers’ compensation coverage, even for employers with a single employee. The law also requires employers to file an injury report with the BWC within one week after an employee reports the injury.
You must initiate a workers’ comp claim within one year from your injury date. The BWC has 28 days to approve or reject your claim. You also have 14 days to accept or appeal its decision.
Workers’ compensation laws set guidelines that ensure you will not incur out-of-pocket expenses because of work-related injuries. Workers’ comp insurance covers all your medical costs, including doctor visits, hospital services, and medicine.
The insurance also compensates you for both temporary and permanent disability. This includes getting compensated for the wages lost. Surviving dependents of workers who die because of work-related injuries are entitled to death benefits. These benefits amount to two-thirds of the deceased employee’s average weekly wages. The dependents will receive this payment every two weeks.
The BWC distributes the available death benefits among qualified surviving dependents. A spouse and children below 18 years are usually the eligible dependents. Older children may, however, be entitled to these benefits if they are enrolled in a recognized institution as full-time students or have mental or physical incapacitation.
Steps to Take If You Are Injured at Work
A workplace injury can occur even after you’ve observed all the safety precautions. Taking the right steps can support your claim for benefits.
Seek Medical Attention
Seek medical attention after a workplace accident or incident, even if the injury is not serious. Your medical provider will evaluate your injuries and give you the right treatment. Ensure you notify your provider that your injuries are work-related. The provider will include this information in his or her notes and report, which will be crucial in linking your injury to your work later when you seek compensation. Ensure you obtain and safely store the hospital bill receipts and a copy of the doctor’s report.
Document the Accident Scene
Documenting the accident scene allows you to preserve evidence that you will use to support your workers’ compensation claim. Write a detailed description of your actions before, during, and after the accident. Include the date, time, and location of the accident and what caused the injury. A workplace accident can stem from malfunctioning equipment, a slippery floor, or a fire. Note down the physical conditions that could have contributed to the accidents.
Take clear photos of the accident scene. You can, for instance, take photos of the equipment that caused the injury. Also, take pictures of your injury immediately after the accident and document how the injury is progressing.
If there were witnesses, request them to record statements of what they saw during the accident and the conditions that caused it. Also, remember to collect their contact details.
Notify Your Employer
Ensure you notify your employer immediately after getting injured at the workplace. This is because Ohio law has strict deadlines when it comes to injury reporting. Ideally, you should file an injury report with your supervisor or employer immediately after the accident in non-emergency situations and after obtaining medical assistance in emergencies.
Your employer will also get time to fulfill its obligations, like reporting the incident to the relevant authorities, investigating it, and taking corrective measures.
Be sure to report the incident in writing and obtain a signed copy. The signed copy of your injury report will serve as evidence if your employer claims your injury is not job-related, or you did not report your injury.
Notifying your employer on time allows you to document the injury correctly and increase your chances of compensation. What’s more, your employer will likely address the safety issues and prevent the accident from happening again.
File a Workers’ Compensation Claim
Review the workers’ compensation claim checklist to avoid missing important steps and information. Start by completing and filing a FROI form that notifies the BWC of your injury. You can complete and file this form via email, mail, fax, or online. If you’re not in a position to fill out this form, your employer or your medical provider can help you. When filling out the FROI form, ensure you correctly indicate your employer’s information, medical details, witness information, and how the injury happened. The BWC will review your claim and determine whether you qualify for compensation.
Seek Legal Representation
A workers’ compensation lawyer can help you navigate the hurdles of a workers’ comp claim and receive the medical and financial benefits entitled to you. Your lawyer will ensure you qualify for workers’ comb benefits, have sufficient evidence to show your injuries are work-related, and have received treatment from an accredited medical facility. The lawyer will also help you meet all relevant deadlines.
Your lawyer will determine the types of benefits entitled to you and the actual value of your claim. The lawyer will then ensure you have included all those benefits in your claim so you don’t lose any money if your claim gets approved.
Seeking treatment and recovering from your injuries while handling a workers’ comp claim can take a toll on your physical, mental, and emotional well-being. Letting a lawyer handle your claim can ease pressure and allow you to focus on your healing journey.
Common Mistakes to Avoid After a Work Injury
Knowing the common mistakes to avoid after a work injury in Ohio can mean the difference between an approved and denied claim. These mistakes include:
Failing to Report the Injury Immediately
Most people fail to report the injury early, as they assume the accident was not serious. Failing to report a workplace accident early can jeopardize your case if your injuries worsen over time, and you claim workers’ compensation benefits. Don’t make this blunder. Instead, report the incident as soon as possible and in writing so you can keep a copy as evidence when seeking compensation. Your employer or the insurance company can take advantage of your late reporting and argue that the injury did not happen at your workplace.
Failing to Seek Medical Attention Immediately
Failing to seek medical treatment immediately can worsen your prognosis. It can also be hard to prove the injury was work-related or serious. See a doctor immediately after the work accident to keep your injury or condition from worsening.
Failing to Document the Evidence
Failing to document all details related to the injury can weaken your compensation claim, as you will not have enough evidence. Not documenting everything can also cause inconsistencies and other challenges in proving your case, hurting your chances of receiving compensation.
Ensure you document all important details, such as the circumstances of the injury, where and when the injury occurred, the medical reports and receipts, and witness statements.
Signing Documents Without Understanding Their Content
Signing a document without understanding what it states can jeopardize your case. For example, you might end up signing documents that waive certain claims and limit your rights. Always review all the documents before signing them, and if you need help, consult your lawyer.
Failing to Appeal Denied or Unfair Claim
If you’re dissatisfied with the BWC’s decision, you can hire an attorney to help you file an appeal. So, what is the appeals process for a denied workers’ compensation claim? Your lawyer will explain the appeal process, review the denied notice, check the reasons for denial, and advise accordingly. Your lawyer will also compile sufficient evidence and guide you through the appeals process. Don’t struggle with the workers’ compensation process alone. Our seasoned legal team at Young, Reverman & Bolotin can fight for the highest possible workers’ compensation benefits on your behalf. Contact us today for a free, no-obligation consultation.
