Most workers in Ohio who are injured on the job can get workers' compensation benefits. However, it is essential that they understand the entire process to ensure that they receive the benefits and do so in a timely fashion. When a worker is injured, the Bureau of Workers' Compensation will take various steps regarding the claim. Understanding these steps is crucial for a successful claim.
There will be a claims service specialist who will oversee the claim. The CSS will investigate the case by asking that the following information be provided: medical documentation from medical providers regarding the injury; documentation from the medical provider as to the restrictions the worker has when it comes to work; a request for Temporary Total Compensation if the worker will have restrictions for more than seven calendar days; and a documentation of wages from the employer or employers for the previous 52 weeks before the workplace injuries took place.
The employer will be given the chance to issue certification of the claim and agree that the injury is legitimate or to reject it. The employer's decision will be factored in, but it is not determinative. The BWC will have 28 days to decide whether to allow the claim or not, but it can take less time. When the determination is made, there are three options: allowing it, denying it or dismissing it. If it is denied, the worker has 14 days to appeal. Voluntarily withdrawing the application will result in a dismissal. The worker will have two years to re-file.
For workers who wish to appeal, it must be done within 14 days of the date the decision was received. The worker and the employer's name must be provided with the claim number, the date of the order, why the case is being appealed and a dated signature. When a person is injured at work, there are many issues that will arise, such as lost wages, medical expenses and more. Knowing how the process works is beneficial. If there is confusion or help is needed, it is wise to speak to a legal professional experienced in workers' compensation as soon as possible.
Source: bwc.ohio.gov, "What happens after I file a claim?," accessed on Oct. 16, 2017