Ohio law allows you to file a workers' compensation claim any time within two years following your injury. You are not required to file an accident report with your employer in order to file a workers' compensation claim with the Bureau of Workers' Compensation (BWC), but the best documentation of your claim is an accident report done as soon after the injury as possible and treatment with a doctor as soon after the injury as possible.
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If your employer is self-insured, you can file a claim application with your employer directly, but you should also file the application with the Bureau of Workers' Compensation (BWC) in order to get a state claim number. If your employer is state funded, you should file your application with the BWC.
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If your injury prevents you from returning to work for a time while you are treating and recuperating, you are entitled to temporary total disability. This is paid at a rate based upon the average of your earnings during the year prior to your injury. There are maximum and minimum rates set for each year as well. Your temporary total disability pay is not taxable income.
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It is best to have a lawyer on the case if your employer or the BWC is fighting you on your entitlement to pay for lost time from work or payment of medical benefits. A dispute usually requires a hearing before the Industrial Commission, and it is important to be represented by someone who knows what your rights are under the workers' compensation law.
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We do not charge for the everyday work on your claim; you only have to pay us if we have to file a formal motion or attend a hearing on your behalf. We are due a 1/3 fee on money that is awarded to you as a result of our efforts. This is usually paid out of the money that you receive after a hearing. We do not take an ongoing fee on benefits once they have been awarded to you.
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