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How Do Workers’ Compensation Claims Work?
Experienced Workers’ Comp Attorneys Here To Help You Navigate the Legal Process
Getting injured on the job can be a life-altering event resulting in physical, emotional, and financial stress. Navigating Ohio’s workers’ compensation system can be a difficult and confusing process, especially if you are already dealing with the aftermath of an injury. There are deadlines to meet, paperwork to file, and requirements to fulfill, all while dealing with medical appointments, recovery, and lost wages. You may be asking yourself, “How do claims work?” That’s where the experienced attorneys at Karp Steiger come in.
We understand the complexities of the workers’ compensation system and are dedicated to helping injured workers receive their entitled benefits. Our team of attorneys has offices in Beachwood and Cleveland. Still, it serves a broad range of areas, including Cuyahoga, Erie, Lucas, Sandusky, Hancock, Trumbull, Mahoning, Ottawa, Wood, Lorain, Huron, Seneca, Medina, Summit, Stark, Tuscarawas, Portage, Geauga, and Lake.
At Karp Steiger, we believe in maximizing results through exceptional lawyering and tenacity. We will work tirelessly to ensure that our clients receive the compensation they deserve for their injuries, including medical expenses, lost wages, and compensation for pain and suffering.
Dealing with a workers’ compensation claim can be difficult and stressful, but you don’t have to go through it alone. Our attorneys are here to help you every step of the way. Contact us today to schedule a consultation and see how we can help you get the benefits you deserve.
Am I Eligible for Workers’ Comp Benefits?
To be eligible for workers’ compensation benefits in Ohio, you must satisfy the following requirements:
- Employment Status: You must be an employee of an employer who is subject to the Ohio workers’ compensation system.
- Workplace Injury or Illness: You must have sustained an injury or illness while performing job-related duties or while at your workplace.
- Medical Evidence: You must provide medical documentation, such as a doctor’s report or medical records, that confirms your injury or illness is work-related.
- Timely Reporting: You must submit the necessary forms and paperwork within the specified deadlines to ensure your claim is processed in a timely manner.
It is important to note that Ohio workers’ compensation laws can be complex, and there may be additional requirements based on your specific case. Consulting with an experienced workers’ compensation attorney can help ensure that you meet all the requirements and receive the benefits you are entitled to.
What are the Steps Involved in Filing a Workers’ Comp Process?
When you are injured on the job in Ohio, there are several steps you should take to ensure you receive the workers’ compensation benefits you are entitled to. These include:
- Report the Injury to Your Employer: You should immediately report your injury to your employer. You should tell your supervisor or HR representative about the injury and provide as much detail as possible. This will help to ensure that your employer is aware of your injury and can take appropriate action.
- Seek Medical Treatment: You should seek medical treatment for your injury as soon as possible. This will not only ensure that you receive the care you need but also provide documentation of your injury that will be necessary when filing your workers’ compensation claim. You should make sure to follow all medical advice and attend all follow-up appointments.
- File a First Report of Injury (FROI): You or your employer should file a First Report of Injury (FROI) with the Ohio Bureau of Workers’ Compensation (BWC) within one year of the date of injury. The FROI is a form that provides information about your injury and your employer. It is important to provide accurate and complete information on this form to avoid delays or denials of your claim.
- Wait for the Decision: Once you’ve filed your FROI, the BWC will give you a claim number to track your case. From there, they’ll evaluate your claim by chatting with you, your employer, and your medical team. Within 28 days, you’ll receive word on whether or not your claim is approved. This decision is based on a number of factors, such as:
- Appeal if Necessary: If your claim is denied or if you disagree with the decision made by the BWC, you have the right to appeal. You should consult with an experienced workers’ compensation attorney to help you through the appeals process.
Overall, the workers’ compensation process in Ohio can be complex and time-consuming. It is important to follow all the necessary steps and deadlines to ensure that you receive the benefits you are entitled to. Seeking the guidance of an experienced workers’ compensation attorney can help you navigate the process and increase your chances of a successful outcome.
What is the Time Limit for a Workers’ Comp Claim in Ohio?
The statute of limitations is basically a legal deadline that tells you when you need to file your workers’ compensation claim. If your injury happened on or after September 29, 2017, you’ve got one year from the date of the injury to file your claim.
For incidents that occurred before that date, you’ll need to file your claim within two years of one of the following:
- When you discovered the injury,
- When you received treatment for it, or
- When you quit your job due to the injury – whichever of these events happened most recently.
It’s important to be aware of these deadlines, so you don’t miss your chance to file your claim and get the benefits you’re entitled to.
What Determines The Success of My Claim?
When it comes to getting your claim approved or denied, there are a few important factors that come into play. These include:
- A detailed account of your accident,
- A proper medical diagnosis of your injury,
- Documentation linking your treatment to the injury, and
- Information about your disability and recovery prospects.
It’s important to understand that the OBWC is looking out for its own bottom line and may not necessarily have your best interests at heart. That’s why it’s crucial to have a trusted lawyer on your side throughout the entire claims process. With a dedicated attorney by your side, you can be sure that you’re getting the benefits you deserve and that your rights are being protected.
What Can Cause My Workers’ Comp Claim to be Denied?
It’s important to remember that your employer may not have your best interests in mind when it comes to your workers’ compensation claim. They may even try to dispute your claim to avoid higher premiums. Here are a few reasons why your Ohio workers’ comp claim could be denied:
- You missed the deadline for filing your claim
- Your employer is disputing your claim
- You didn’t provide enough evidence to support your case
- The incident that caused your injury didn’t happen while you were working or performing work-related duties
- There is a discrepancy between your claim and your medical records
If your claim does get denied, you’ll receive a letter in the mail notifying you. It’s important to act quickly, as you only have 14 days to file an appeal. During the appeal process, you’ll need to present evidence like photos, witness statements, and medical records to support your case in a hearing with the Industrial Commission of Ohio. It’s recommended to bring a lawyer with you to your hearing to ensure your rights are protected and to help you navigate the appeals process.
Why Do I Need a Workers’ Comp Attorney in Ohio?
Understandably, you may be hesitant to hire a workers’ compensation attorney. After all, it can be a difficult and emotional time, and it’s easy to feel overwhelmed and unsure where to turn. However, not seeking legal counsel can jeopardize your case and lead to a less favorable outcome.
At Karp Steiger, we understand the stress and confusion of dealing with a work-related injury. That’s why we provide personal and compassionate service to all our clients. We take the time to listen to your concerns, understand your unique situation, and provide the guidance you need to navigate the system.
Here are some reasons why hiring a workers’ compensation attorney can be beneficial:
- Protect Your Rights: An attorney can help protect your rights and ensure you receive the full benefits you are entitled to.
- Navigate the Complex System: Workers’ compensation law can be complicated and confusing, and an attorney can help you navigate the system and understand your rights.
- Increase Your Chances of Success: An attorney can increase your chances of a successful outcome by building a solid case and presenting it effectively.
- Negotiate with Insurance Companies: Insurance companies are often more concerned with their own bottom line than with your best interests. An attorney can negotiate with insurance companies on your behalf to ensure you receive a fair settlement.
- Represent You in Court: If your case goes to court, an attorney can represent you and fight for your rights in front of a judge.
At Karp Steiger, we are committed to helping injured workers receive the benefits they are entitled to. We believe in providing personal service through attention and compassion, and we are dedicated to fighting for our clients’ rights. Contact us today to schedule a consultation and see how we can help you get the compensation you deserve.
Call our Experienced Ohio Workers’ Comp Claim Lawyer Today!
Filing a workers’ compensation claim can be a confusing and overwhelming process, but you don’t have to do it alone. Hiring a highly skilled Ohio workers’ comp lawyer from Karp Steiger can help ensure your claim is filed properly, and all deadlines are met so that you receive the benefits you deserve.
With a workers’ comp lawyer, you can expect personal attention and compassion. They can help you receive all the medical treatment you need, estimate the value of your claim, and inform you which benefits you qualify for. Additionally, they can establish evidence that will be used to prove your claim, link your injury to your job, and show the impact your injury will have on your current life and future.
Your workers’ comp lawyer can also review and negotiate your settlement, represent you at a hearing or trial, and assist you through the appeals process. Their goal is to ensure your rights as an injured worker are protected so that you can focus on recovering and getting back on your feet.
We also offer legal services in the following types of cases: