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Workers Comp Frequently Asked Questions

What should I do immediately after getting hurt at work?

If you’re injured at work in Ohio, report the injury to your employer right away, preferably in writing. Seek medical attention, even if the injury seems minor, and document what happened. Under Ohio law, delays in reporting could affect your eligibility for workers’ compensation benefits.

How do I report the injury properly, and what details should I include?

Tell your supervisor or HR department immediately. Be specific: include the date, time, location, how the injury occurred, and which body parts were affected. Keep a copy of anything you submit.

What if my employer doesn’t have a formal reporting process?
Even if there’s no set process, report it in writing (email or letter) and keep a copy. You can also file a First Report of Injury (FROI-1) directly with the Ohio Bureau of Workers’ Compensation (BWC).
What happens if I delay reporting the injury?
Delaying a report can jeopardize your claim. The sooner you report, the stronger your case. Ohio requires prompt notice to the employer and filing with the BWC—ideally within days of the incident.
Does the deadline start from the injury date or when I realized it was work-related?
It usually starts from the date of injury, but for occupational illnesses, it can begin when you knew or should have known the condition was work-related.
Can I see my own doctor, or must I use the company’s provider?
In Ohio, you can choose your own BWC-certified physician for treatment, but your first visit may need to be with the company’s designated provider. After that, you’re free to switch.
How long do I have to file an appeal?

The time frame for filing an appeal varies depending on your jurisdiction. It is crucial to check your denial letter for the specific deadline or consult your Workers’ Comp lawyer promptly.

Can my boss fire me for filing a workers compensation claim?

While Ohio employers can fire workers “at will,” they cannot fire someone in retaliation for filing for workers’ compensation. If you suspect this caused your job loss, or you just need help figuring out whether you’re eligible to continue collecting benefits after losing your job, contact our Columbus office.

Can I still be fired for other reasons while on workers’ comp?
Yes. Workers’ comp doesn’t make you immune to layoffs or terminations unrelated to your claim. But your employer must have a legitimate reason.
Am I eligible for workers’ compensation if I get injured at work?
If you’re an employee in Ohio and your injury happened while doing your job, even if you were at fault, you’re likely eligible. Independent contractors are generally not covered, but that classification can be disputed.
What qualifies as a “work-related” injury?
Any injury or illness that occurs while performing tasks related to your job counts, whether it happens on the job site or offsite during work duties.
What if I’m a part-time or temporary worker?
You’re still covered under Ohio workers’ comp laws if you’re classified as an employee, regardless of part-time or seasonal status.
How do I know if my employer has workers’ compensation insurance?

Most Ohio employers are required to carry workers’ comp. You can check by searching your employer on the Ohio BWC employer lookup tool.

What benefits can I receive through workers’ compensation?
Ohio workers’ comp covers medical expenses, wage loss benefits (typically two-thirds of your average wage), vocational rehab, and compensation for permanent injuries or disfigurement.
How long does it take to start receiving benefits?
It can take a few weeks, depending on how quickly your claim is processed and approved. Missing paperwork or employer disputes may delay the timeline.
Are there exceptions to workers’ compensation eligibility?
Yes. Claims may be denied if you were under the influence of drugs or alcohol, engaged in horseplay, or intentionally caused your injury.
What if my medical bills are denied by the insurance company?
If your bills are denied, you have the right to appeal. An experienced workers’ comp attorney like Thomas Marchese can help challenge the denial and fight for coverage.
Can I handle the appeal on my own?

While you can represent yourself during the appeal process, having an experienced Workers’ Comp lawyer by your side can significantly increase your chances of success. They possess in-depth knowledge of the laws and can navigate the complexities of the legal system on your behalf.

Are there limits to how much compensation I can receive?
Yes, Ohio sets limits based on your average weekly wage and state maximums. Benefits vary depending on the injury’s severity and type of compensation.
Can I get benefits for pain and suffering?
No. Ohio workers’ comp does not cover pain and suffering. It’s a no-fault system focused on medical bills and wage loss—not emotional damages.
What are the common reasons for claim denials?
Common reasons include late reporting, lack of medical documentation, disputes over whether the injury was work-related, or pre-existing conditions.
How long do I have to file an appeal?
You typically have 14 days from the date of the denial letter to file an appeal in Ohio.
What happens if I miss the appeal filing deadline?
You may lose your right to benefits. An attorney may still be able to help if there’s a valid reason for the delay.
Are there different deadlines for occupational diseases?
Yes. For occupational diseases like carpal tunnel, the deadline may depend on when you were first diagnosed or disabled.
How does returning to work affect my workers’ comp benefits?
If you return at reduced hours or pay, you may still receive partial wage loss benefits. Returning full-time may end wage replacement benefits but not medical care.
How much will hiring a workers' comp lawyer cost me?

We work on a contingency fee basis, which means we only get paid if we win your case. The fee is typically a percentage of the benefits you receive, making legal representation affordable and accessible for many individuals.

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