Let’s say you work in a factory or warehouse setting. You’re taking inventory when you slip, landing hard on your back. Turns out someone spilled a jug of liquid and you didn’t see it. You’re hurt but your pride is really what’s injured. So, you get up, have a laugh or two with your co-workers, go home, and a few days later, you wake up with horrible back pain.

After a visit to the doctor, you’re diagnosed with a sprained pelvis. The treatment? Bedrest for three weeks. Can you collect workers’ compensation for medical expenses and lost wages from a slip and fall? Absolutely. Under Ohio’s Workers Compensation laws, workers do not need to prove fault to bring a claim.

However, the best chance of having your claim approved depends on you following the workers’ compensation claim process.

Step 1: Report the injury to your employer

An injured employee is required to provide written notice in a timely manner. While some injuries may require immediate treatment at an emergency room, others may require a doctor’s visit for diagnosis. Regardless of how insignificant the injury may seem, report it to your employer right away.

Step 2: Contact a workers comp lawyer

Workers compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits. Benefits may include; injury compensation, medical benefit, death benefit, loss of use benefit, temporary disability, permanent partial disability, change of condition, vocational rehabilitation, and multiple injury compensation.

Step 3: Fill out the necessary paperwork

In Ohio, the majority of workers’ comp matters involve the BWC (Bureau of Workers Compensation), while some large employers are granted the privilege of administering and paying claims on their own (self-insured employers). Regardless, your claim is filed in the same way.

Your claim can be filed on your own, by your employer, by your treating physician, your managed care organization, or by your authorized representative (e.g., workers comp attorney or union representative).

The party who files the claim completes a First Report of Injury (FROI) on the BWC website or completes and mails a paper copy to any BWC service office.

Step 4: The insurer approves or denies the claim

If your claim is approved:

The insurer will inform your employer and you with payment details. You and your workers’ compensation lawyer may:

• Accept the insurance company’s payment offer, which might cover the costs of medical bills, medicine, disability payments, and a portion of lost wages
• Negotiate for a lump-sum settlement or larger structured settlement

If your claim is denied:

• Request a reconsideration from the insurance carrier
• You or your lawyer can file a formal appeal through the state workers’ comp board.

Step 5: Return to work

Once you can return to work, you must provide written notice to both your employer and the insurance company. Depending on the severity of your injury, the insurance company may have to pay permanent disability benefits.

Many employers choose to implement a formal return to work program, to help employees return to work as quickly as possible. These programs may offer modified duties or teaching alternate skills if they’re unable to resume their regular responsibilities.

Don’t Handle This Alone.

The simplest way to maximize your claim is to hire an experienced workers’ comp attorney. 

Although these tips are the best ways to maximize your workers’ compensation claim, with over 40 years of experience, workers’ comp lawyer Thomas Marchese has other skills and proven litigation tactics to further maximize what you may be entitled to.

If you’ve been injured on the job, call me today. We’ll get started on your case so you can focus on healing.

Workers who have needlessly suffered a workplace injury deserve to be compensated for their medical bills and lost wages. While workers’ compensation laws try to make that a clear and attainable objective, pitfalls can limit or even undermine your claim, including getting it outright denied.

Let’s discuss some steps you can take to maximize your workers’ comp claim.

Don’t Handle This Alone.

The simplest way to maximize your claim is to hire an experienced workers’ comp attorney. Submitting your initial paperwork is crucial to setting up the relief and reimbursement you may receive. Once you have filed your claim, workers’ comp carriers can push anxious and injured workers to make hasty decisions regarding their case. A lot of times, claimants may not be aware of all the options that may be available to them.

However, a skilled lawyer can ensure the initial paperwork is strong and present a clear case for compensation, and advise injured workers of their rights and full options, including the level of risk versus return for each. Don’t be pressured to accept an unfair settlement or agree to a lower disability percentage. If you find the terms unacceptable, we are prepared to demonstrate at a hearing our evidence why your case for reimbursement should be increased.

Follow Your Employer’s Guidelines for Filing a Claim

The longer you wait to file a claim, the less likely that you’ll maximize your benefits. Waiting to file allows too many opportunities and questions as to the true extent and severity of your injury. This is often viewed as a red flag that many carriers look out to help weed out improper, invalid, or untimely claims.

That is why it’s essential that you file a claim as soon as possible and follow all of the requirements and requests for information regarding your claim. Failure to do so could not only limit the compensation you receive but could also result in your claim being denied.

Stay Organized.

A lot of workers’ comp claims revolve around your medical records. So, not only should you ensure that you have all of your medical records from all of your providers, but you should keep them organized. This allows a workers’ comp carrier to find the relevant information to help support your claim, and it also can highlight how your injury may not have healed and progressed as the doctor believes it should have.

Having your medical records in a neat and orderly fashion can help provide a clearer medical chronology to help the examiner and judge determine your true disability level.

Bottom line

Although these tips are the best ways to maximize your workers’ compensation claim, with over 40 years of experience, workers’ comp lawyer Thomas Marchese has other skills and proven litigation tactics to further maximize what you may be entitled to.

If you’ve been injured on the job, call me today. We’ll get started on your case so you can focus on healing.

For any worker injured on the job, it can be difficult to know if you should file a workers compensation claim and when to do it. You may be asking yourself,

“Is my injury severe enough to file a workers comp claim?”
“Will my employer fire me for filing?”
“What bills are covered when I file for workers comp?”

In this article, I’ll answer those questions and more.

What Benefits Are Available through Workers Comp?

By law, injured workers are entitled to the benefits they need in order to get better, pay their bills, and compensate them for a permanent or long term injury. If you’re ever hurt at work, you’ll need to know about these three benefits.

1. 1. Medical Treatment
      The first and probably the most important benefit is payment for any medical treatment as a result of the injury. That includes emergency room bills, MRIs and X-rays, diagnostic testing, physical therapy and surgery, even psychological testing to help deal with the emotional repercussions that can often come from sustaining a serious injury. Workers compensation covers all associated costs, including co-pays and deductibles.
   2. Reimbursement of Lost Wages
      If your authorized doctor says you can’t work due to your injury, you will receive weekly benefits from workers’ compensation covering your wage and rate. Those payments will continue as long as you continue to receive authorized care, while awaiting surgery or recovering, until your doctor gives written consent that it is safe for you to return to work. Protecting your right to wage replacement is just another reason to file a claim. 72% of lost wages for the first 12 weeks, 66 ⅔% thereafter.
   3. Long-Term Monetary Losses
      Let’s say you experienced a heavy lifting injury that resulted in a herniated disc in your spine. Hopefully, you make a full recovery, get back to work, and have little or no lasting side effects from that injury. Unfortunately, there are many people who go on to have long term physical limitations despite having the best care. That doesn’t mean you can’t work ever again or enjoy life, it just means that you have to be more careful and possibly change the line of work you are in to compensate for any range of motion limitations or other lasting side effects. How much you receive in workers comp payments depends on the injury, occupation, job function as well as personal lifestyle. You are unlikely to receive compensation for a permanent injury without filing a workers comp claim. Our website homepage lists available benefits with more detail.

When Should I File a Workers’ Comp Claim?

IMPORTANT: You have one year from the date of your injury to file a claim with the Ohio Bureau of Workers’ Compensation (BWC).

Even if you don’t immediately think you’ve been badly injured, report your injury to your employer. That slight pain in your back could make you unable to get out of bed in a few days. Leaving your injury unreported can jeopardize your compensation. If you find yourself unable to perform your job to the best of your ability, you should file a claim immediately – we are here to help.

Can My Employer Punish Me for Filing a Workers Comp Claim?

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim. It is illegal to punish an employee in any way simply for them filing a workers comp claim.

Under Ohio Workers Compensation Laws, a worker does not need to prove fault to bring a claim.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

Have you or a loved one been injured at work? Workers’ compensation claims are complex. Call or email me today to discuss your injury. Workers Compensation is all we do. We have proven success, your consultation is free, and I don’t get paid until you do.

While receiving workers comp benefits, I was fired or laid off.

Generally, if you were receiving benefits when you were fired or laid off, you will continue to do so. However, if you were fired for disciplinary issues, you could lose them.

It may help if you understand that Workers Compensation is an insurance policy much like your home or auto insurance. Every Ohio business with employees must provide this insurance coverage. Like your home or auto insurance, your employer pays premiums for it. Maintaining an accident-free workplace typically results in lower premiums.

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim.

Non-union employees are typically hired on an “at-will” basis, with some exceptions. Employers are not required to give any explanation when firing, and can simply restructure and eliminate your position and there is nothing you can do about it. There is an exception: If you are under contract, the contract might list acceptable reasons for firing you.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

While receiving benefits, my employer went out of business or filed for bankruptcy.

This shouldn’t affect your benefits, as they are paid out by the Bureau of Workers Compensation.

While receiving benefits, my position was replaced.

Your employer does not have to hold your position open. If your role is essential to the functioning of the company, they have the right to replace you.

I was injured on the job, filed for benefits, and was denied.

You may be able to file an appeal.

Workers’ compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits.

If you have already filed, and your claim was denied or terminated, call attorney Tom Marchese for a free, no-obligation discussion.

The workers’ compensation system provides certain benefits to workers who are injured while on the job. In a similar way to your personal auto insurance, businesses pay premiums for workers’ compensation insurance that will provide medical and wage payments to the injured party and provide a layer of protection to the businesses themselves.

Like any insurance claim, the rules are complex. You have filed for benefits and your claim was denied. Meanwhile, your medical bills may be arriving and your income may be lost while you are off work. What now?

Why was my workers’ comp claim denied?

The most common reasons are:

• the injury didn’t occur while you were at work or performing a work-related task
• the injury was the result of a preexisting injury or condition
• if there is a dispute as to exactly when or where the injury occurred
• a health professional concluded that you aren’t disabled as a result of your work injury and are therefore still able to perform your work duties
• there is a dispute whether you sustained injuries at all

How can I appeal a denied workers comp claim?

While the exact methods of appealing the denial can vary among the states (unless you are a federal employee), there are a few things that everyone can do when seeking a review of a denied claim:

1. Hire a workers’ compensation attorney to handle the appeals process.
2. Don’t wait. In Ohio, you must file a formal appeal within 14 days of the receipt of the denial.
3. Contact the BWC.

How can a Workers’ Compensation lawyer help me?

Workers’ compensation is all we do. As your lawyer, I will determine the reasons for the denial of your claim and gather documentary evidence, including contacting possible witnesses to your injury and retaining experts from the medical field as well as your work industry if needed.

Most workers’ comp claims are denied based on medical issues. I will have your injury or disability evaluated by an independent medical specialist and/or review your specific case with your present health care provider to determine if a more detailed medical report should be drafted. I will also determine if any additional proof is needed to demonstrate a disability or directly related injury.

Don’t wait to fight for the benefits you deserve. Contact Workers’ Compensation Attorney Tom Marchese today.  Call now.

A seemingly normal day at work can quickly become the start of a nightmarish ordeal if you get injured. A slip and fall (read about the difference between slip and fall vs. trip and fall here), machinery accident, lifting injury, and more can deter your life in a matter of minutes and leave you wondering how you’ll pay your bills and provide for your family now that you’re unable to work. In this situation, having a worker’s compensation lawyer walk you through the steps of filing a claim is essential.

Let’s discuss three important things that you should know about a worker compensation claim.

1. You don’t need to prove your employer is at fault.

This is actually a very common misconception. The reality is that you don’t have to prove anything to be eligible for compensation as workers comp is regarded as a no-fault system in the US. In addition, the amount of compensation you’ll receive is not affected by your carelessness in performing your job, that is unless you were under the influence of drugs or alcohol when the injury occurred. In that instance, it’s important that you consult a professional compensation attorney before filing a claim.

It is also important to note that reporting your injury is not “punishing” your employer or jeopardizing your job. All employers pay into the Ohio state workers’ compensation system to make sure that anyone injured on the job can seek compensation to cover those and injuries, missed income, and related medical expenses.

2. Report your injury immediately.

This is extremely important. Don’t wait to report your injury, even if you don’t immediately think you’ve been badly injured. That slight tweak in your back could have you unable to get out of bed in a few days, and you can seriously hurt your case of getting compensation if you do not immediately report your injury to the employer.

In some cases, workers choose not to report an accident because they think the work either doesn’t fall within their scope of employment, or they weren’t on duty when the injury occurred. This conversation should be discussed with your lawyer to decide since things are not always that clear-cut when it comes to workers’ comp claims.

3. You can still file a negligence lawsuit.

While it’s true that filing a workers comp claim does mean you waive your right to sue your employer, this does not mean that you can’t file a negligence lawsuit against a third party. For example, suppose your injury occurred due to a defective piece of equipment, in this situation you can bring a case to court against the equipment manufacturer. Any amount you receive in this case will be in addition to the compensation received from your employer.

Hire a workers comp lawyer to guide you.
Getting injured on the job can result in serious consequences. You can greatly increase your chances of getting adequate compensation by hiring a workers comp lawyer. Thomas Marchese is a highly experienced workers’ compensation lawyer who can help you file a claim and fight for what you deserve. Give us a call today for a free consultation.