Columbus Workplace Injury Attorneys Answer Frequently Asked Questions about Workers’ Compensation in Ohio
The Columbus workplace injury attorneys at Miller Law Practice, LLC provide answers to frequently asked questions about Ohio Worker’s Compensation law and the process for getting workers’ comp benefits after an on-the-job injury. If you have other questions, or need help submitting a claim or appealing a denial, call 614-591-6822 for a free consultation with one of our dedicated and experienced Ohio workers’ compensation attorneys.
Q. What do I do after being injured on the job?
A. Your first step should of course be to seek any First Aid or emergency medical treatment if necessary. After that, it is important to notify your employer as soon as possible after the injury. You will also need to fill out a First Report of Injury form, which you can get from your employer or fill out online at the BWC.
It is always important to report an accident or injury to your supervisor or employer soon after the accident occurs, even if you do not think you are seriously injured at the time. Symptoms may appear later, and it is important to your claim that you documented the work injury at the time it occurred. Whether you reported the injury immediately or not, contact an experienced Ohio workers’ comp attorney for help in submitting or processing a claim, or if your claim is denied.
Q. What types of benefits are available from workers’ comp?
A. Workers’ compensation is intended to cover all of your reasonably necessary medical expenses arising from your workplace injury. Either your medical provider will be paid directly from the BWC, or you can get reimbursement for out-of-pocket expenses, such as prescriptions or insurance co-payments you had to pay. In addition to medical expenses, you can also receive wage replacement benefits to make up for your lost income while your are disabled from working.
Q. How much can I receive as wage replacement?
A. If you are determined to be temporarily and totally disabled (TTD) and miss more than seven days of work, you can receive 72% of your wages for the first 12 weeks, and 66.67% of your wages after that. In general, your rate of compensation is determined by looking at your average weekly wage for the year prior to your injury subject to several parameters set by the BWC.
There are several other types of awards available besides wage replacement for TTD. Your attorney can help you determine what compensation you are eligible for.
Q. How long do benefits last?
A. Medical benefits should last for as long as you need medical treatment, including rehabilitation. Wage replacement benefits may also last for the entire period you are off work, although your employer or workers’ comp carrier may require you to submit to an independent medical exam if you are off work for more than three months.
Q. Can I see my own doctor?
A. As long as the provider is certified by the BWC, you can use any doctor of your choice. You can also change doctors by following the proper procedure with the BWC.
Q. What if my employer denies my claim?
A. You have the right to appeal a denial, but you must act quickly to secure your rights. Contact an attorney as soon as possible in the workers’ comp process to ensure that your benefits are paid, or that your rights to appeal a denial are protected.
Q. What if my injury occurred due to a safety violation at the company?
A. If your employer committed a violation of a specific safety requirement (VSSR), you may be able to receive compensation over and above what is normally scheduled to be paid for your particular rating. You have up to two years to file a VSSR claim. Where applicable, we can help you prepare your case establishing that your employer’s actions amounted to a VSSR.