With a few exceptions, Ohio State Law requires every employer to purchase insurance (or provide documentation that it is self-insured) to pay workers’ compensation benefits to employees who suffer a work-related illness or injury. Injured workers have the following rights when they are injured and must file a claim for compensation. A Toledo workers’ compensation lawyer at Gallon, Takacs, Boissoneault & Schaffer, can ensure fair compensation and due process, such as:
Though there are many different variations of workers’ comp benefits, they basically fall into four categories:
If you suffer a workplace injury – even a minor one – report it to your employer and seek timely medical attention. The claims process begins when the injured worker, medical provider or employer files a First Report of Injury (FROI) with the BWC, either online or by mail. This “first contact” has an overwhelming impact on the final disposition of your claim. So it’s important to contact an experienced Toledo workers’ compensation lawyer to assist you before you submit your FROI. This assures a properly completed submission, which significantly lessens the chances of errors on the form or other improprieties, any of which could lead to your claim being denied.
The BWC will inform you whether your claim is approved or denied within 28 days. Contrary to popular perception, the BWC is a government administration agency. It is NOT your advocate. Think of the BWC as a state-run health insurance company (even if it only manages the compensation that comes from your employer’s private accident insurer). So like the private insurer, its interests often lie more in the employer’s favor than yours.
Because it is financially advantageous to your employer (and its insurer) for your claim to be denied, your employer may dispute it. More claims awarded mean more compensation going out and possibly higher premiums for your employer to pay the insurer. So disputing claims means the BWC has to play the referee to two opposing stories. And that slows the “administrative process,” which any governmental bureaucracy dislikes.
Often the denial is based on technical grounds such as:
If denied, you have the right to appeal, but an appeal must be filed no later than 14 days of your receipt of that denial. A hearing is scheduled before the Industrial Commission (IC), which is supposed to hear you and your employer make your respective cases. This is where your attorney becomes a clear asset to deflect your employer’s claims. It is also likely that after hearing both sides of the matter, the IC will order you to undergo another medical exam before rendering its decision.
Filing a claim for workers’ compensation is intricate, especially when rejected by the BWC or disputed by your employer. Gallon, Takacs, Boissoneault & Schaffer Co., LPA, assists you in all phases of your claim, from filing the initial application, subsequent requests for compensation or treatment, representing you at hearings, and in court, if necessary. Protect yourself and your family. Schedule a free consultation at one of our convenient office locations. Call 567-455-5470 or contact us online.
A special heart felt Thank You to all those who worked on my case. Thank you for your kindness and respect towards me. When you are used to working hard your whole life & making a good living & then you are injured & can no longer do your job, it’s very hard to know what to do or where to turn. With your firm I felt secure that I had someone on my side & someone that was really listening to me. With much appreciation always.
You go above and beyond you assistance to seniors. Thank you!
I love you guys. You took excellent care of me and I am 1000% satisfied.
Your service was excellent. My questions were answered and explained. You were all very courteous and never hurried. I am so grateful and will recommend you to anyone I know who needs a great attorney.
Thank you for your help in my case. You did an exceptional job on a difficult case. I am so grateful.
Keep up the excellent job you do. And you do it better by being such a strong supporter of our community.
My attorney was excellent!! Keep up the great job.
Thank you for the service you provide to me and other veterans. It is a blessing.
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