Many workers unintentionally hurt their chances of a successful claim for workers’ compensation in Ohio. The process can be tricky, and the deadlines are strict. Especially for someone who is dealing with a workplace injury, and focusing on their recovery, it’s easy to drop the ball and leave yourself in a disadvantageous position — sometimes in a position where you can’t receive benefits at all.
As experienced Ohio workers’ compensation attorneys, we’ve seen it all, and we’ve helped enough injured workers to know which mistakes are made, time and again. We’re here to help you avoid these common workers’ comp claim pitfalls.
Missing Deadlines
The clock starts on your opportunity to file a workers’ compensation as soon as the injury occurs, while you’re dealing with doctors’ visits and medical follow ups and your mind is focused elsewhere. People injured on the job often put off filing their workers’ compensation claims, thinking they’ll deal with that after the medical appointments subside … but waiting for that to happen can mean waiting too long. You need to start collecting your documentation as soon as possible after the injury, and you need to stay on top of the filing (and appeal) deadlines so you don’t miss out on the opportunity to collect benefits for your workplace injury.
Not Reporting the Injury Properly
In addition to being timely, your claim for workers’ compensation needs to be handled correctly. That means that your injury needs to be reported to your employer as soon as possible after the accident, and you need to file a First Report of Injury (FROI) form to initiate the process of a workers’ compensation claim. Make sure you report the injury to your employer in writing, so there is no future confusion about what you are claiming and when. Make sure to follow all of the advice and instructions of your doctor, so that there can be no future claim that your lingering pain or injuries are a result of your inaction, rather than the original accident.
Relying Solely on Employer-Chosen Doctors
Here in Ohio, your doctor needs to be recognized by the Bureau of Workers’ Compensation (BWC), but that doesn’t mean you are limited to seeing the doctors your workplace suggests or approves of. Any doctor that is recognized by the BWC can evaluate your injury. And, if your initial treatment was done by a doctor suggested by your workplace, you would be wise to seek a second opinion from a doctor of your choice.
Talking to the MCO Without Legal Counsel
In Ohio workers’ compensation cases, the Managed Care Organization (MCO) organizes and facilitates medical care and communication between injured workers, their employers, and medical providers. If you are ever in a situation where you are asked to speak to the MCO, you should proceed with extreme caution. It is always best to have a lawyer present to protect your rights during these conversations. It’s unfortunately easy for small comments, or misunderstandings, taken out of context, to cost you money in the long run.
Accepting Low Settlement Offers Too Quickly
The process of collecting documentation, filing paperwork, handling appeals, and just dealing with the stress of a workers’ compensation claim can prompt injured workers to agree to the first settlement offer they receive. Please don’t give in to this temptation (although we understand why people do). It’s so easy to underestimate the full financial impact of your injuries on your quality of life and ability to work in the future. Make sure that you have a full picture of the extent of your injuries, your long-term prognosis, and the impact on your work and finances before accepting any offer. If you’ve been offered a tempting settlement, it’s even better to consult with an experienced workers’ compensation attorney in your area to find out if the offer is fair for you and will cover your costs through the years.
Enlisting the help of a top workers’ comp lawyer in Ohio will help you to focus on your recovery and let us deal with the headaches of the paperwork. Let our experienced legal team guide you through the process and help you to avoid these common mistakes. We are here to help — call us today to find out how we can protect your interests in the pursuit of your workers’ compensation benefits.