Ohio Workers’ Compensation Claims Process: Filing, Time Limits, FAQs
It’s scary to think that an injury on the job could prevent you from supporting yourself and your family. However, for many Ohio residents, this nightmare situation is a reality — especially for those in dangerous occupations who risk their safety every day.
If you’ve suffered a workplace injury, you’re likely worried about if and when you’ll be able to get back to work. You also need to consider how you will get the compensation that will allow you and your family to live as normally as possible. The workers’ compensation attorneys at Plevin & Gallucci understand that the answers to these questions can impact the rest of your life and we’re here to help.
We handle the legal hurdles that can tie up a worker’s compensation claim through our extensive knowledge from over 40 years of representing injured workers in Ohio.
- How to File a Workers Comp Claim in Ohio
- Time Limits on Ohio Workers’ Compensation Claims
- Workers’ Compensation Claims FAQ
Filing a Workers’ Compensation Claim in Ohio
When you experience a workplace injury in Ohio, you are eligible to receive benefits provided by the Ohio workers’ compensation system. These benefits can help cover the staggering expenses that may follow an injury, such as medical bills, lost wages, surgeries, and physical rehabilitation, so it’s important to follow the proper procedures to secure benefits as soon as possible. If you’re wondering how to file a workers’ compensation claim, here are the steps to follow:
- Get medical attention for the injury. Delaying treatment can make the injury even worse and create even more complications for you down the road. If possible, see a doctor who advertises treating workers’ compensation claims, as they will be familiar with the claims and paperwork needed to file. Remember, you have the right to select your own doctor!
- Notify your employer as soon as possible. Claims can be won or lost on the basis of how urgently an employee reported his or her injury. Notification should be done directly to your employer with stated intent to file for workers’ compensation, with clear indications of how you were injured and what body parts were affected.
- Complete the necessary workers’ compensation forms. In Ohio, this begins with the First Report of Injury, which should be filed as soon as the injury occurs. Your doctor will know what to do to help you fill out this form. If your workers’ compensation claim is approved, you will be given a claim number by the Ohio Bureau of Workers’ Compensation (BWC) and assigned an identification card with information about your claim. This card may be used to obtain the medical services you’ll need during your recovery.
Although the workers’ compensation claims process in Ohio can seem complicated, remember that the law is designed to help injured workers, not hurt them. Conversely, your employer, or their insurance company, may seek to minimize your injuries and the compensation you deserve, or have your claim denied altogether.
This is why having an experienced workers’ compensation lawyer is important to getting the maximum payment in Ohio. The workers’ compensation attorneys of Plevin & Gallucci know how to file a workers’ compensation claim that will make it difficult for employers or insurers to lowball you, and how to navigate the legal maze that can accompany your claim.
Time Limits on Ohio Workers’ Compensation Claims
Timeliness when submitting your workers’ compensation claim is vital, as most states have strict statutes of limitations for claims. Ohio is no exception, and our state requires you to submit a workers’ compensation claim within one year of:
- The injury’s onset, or when you became unable to work;
- The loss of a loved one due to the accident.
In cases involving illnesses, you have six months from the time the diagnosis was made by your physician to file for benefits.
Contact our Experienced Ohio Workers’ Comp Lawyers
The lawyers of Plevin & Gallucci will be able to tell you more about your rights and how to quickly and correctly file for the benefits your family needs. Call today at 1-855-4-PLEVIN or fill out the form on this page to schedule a free, no-obligation consultation and learn more about how we can help.
Ohio cities we serve: Cleveland, Columbus and Waverly.
Workers’ Compensation Claims FAQ
What is the Ohio Industrial Commission?
Ohio workers’ compensation claims are typically presented at hearings presided over by the Ohio Industrial Commission. An officer from the Industrial Commission will consider and make decisions on your claim based on arguments presented by you, your attorney, and a representative from your employer. The Commission cannot give legal advice, but they will be able to answer questions regarding hearings, your hearing’s status, or any appeals.
Can I file a claim even if my injury was my fault?
Yes, the Ohio workers’ compensation system operates on a no-fault basis, which means that workers’ compensation is not dependent on who caused the injury to occur. Even if you were responsible for your injury, you may still be eligible for benefits.
If my injury is my employer’s fault, can I sue my employer?
There are certain situations where you can file a lawsuit against your employer. In addition, there are other parties that may have responsibility for your injury. If that is the case, you can bring a separate claim against them. You should consult with a lawyer about your specific situation.
What benefits are available to me?
Benefits are typically determined by the type of injury you sustained, the severity of the injury, and the Bureau of Workers’ Compensation’s recognition of your injury as sustained during your time on the job. Benefits may include compensation for medical bills related to your injury, as well as lost income if your injury prevents you from working. It is important to know that you may be entitled to benefits even if you have not missed any time from work.
Related: Ohio Workers’ Compensation Lawyer Fees: What to Expect
