Should I File a Workers’ Comp Claim?

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. 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.

Columbus Workers Comp attorney, Tom Marchese
I’m Thomas Marchese,


I was one of the first attorneys in the State of Ohio to be board certified as a specialist in worker’s compensation law and I will personally handle your entire case.

You will never be handed off to an inexperienced associate and your case is not just another file in a stack. From consultation to final settlements, I will be by your side.

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