When it comes to the law, time is always a factor. Whether you’re filing a personal injury lawsuit or for divorce, there is always a strict timeline you must follow. The same thing is true for workers compensation in Ohio. Even though the State of Ohio oversees the workers compensation process, it only becomes a legal matter when your claim is denied. At that point, you will have to file a lawsuit against your employer. The good news is that you don’t have to handle this on your own. Our Columbus workers compensation lawyers have helped thousands of people navigate the workers compensation program in Columbus, Ohio.
If you’ve recently gotten hurt on the job and aren’t sure what to do next, don’t panic. That is why we are here. All you have to do is call and talk to one of our personal injury attorneys in Columbus, Ohio. We can sit down with you and explain how the process works. We can also break down the filing deadlines. The last thing you want to do is miss your filing window and end up with no benefits.
Here, we will discuss the various filing deadlines you have to worry about when filing a workers compensation claim. We will also explain what happens if you miss any of these deadlines. If you still have questions or concerns about your own case, give us a call. We can schedule your free, initial consultation right over the phone.
The First Thing You Need to Do is Report Your Injury to Your Employer
When we tell our potential clients that they need to report their injury right away, they seem confused. This is because Ohio law states that you legally have 2 years to file your claim. However, if you wait this long, it will be very hard to get your claim approved.
In our experience, you don’t want to wait more than a day or two to report your injury. There are a few reasons for this:
- The longer you wait to report your injury, the harder it will be to prove your injuries were the result of a workplace accident.
- You should never go this long without medical treatment. Your health must be your first priority.
- Any treatment you receive prior to reporting your injury will not be covered by workers compensation.
- You have no idea if your employer will still be in business two years down the road.
Obviously, if your injuries are extremely serious, it may take a little time to report your accident. If you’re in the hospital for a long time or aren’t conscious, there isn’t much you can do. Barring that, there is no good reason to wait to report your workplace injuries.
It’s important to remember that, if you don’t file your claim within that 2-year period, your claim will be dismissed and you’ll lose your right to pursue benefits. This is no different from the Ohio statute of limitations. If you miss your filing window, you walk away with nothing.
You Also Need to Seek Medical Treatment Right Away
As mentioned briefly above, you need to seek medical care immediately. Under Ohio law, your care won’t be covered unless you were treated by a state-approved workers compensation doctor. This means that any treatment you received from your primary health provider or at the emergency room will not be covered.
There are a few reasons for this. First, the State of Ohio decided long ago that only certain physicians would be certified to handle workers compensation cases. This is very clear. When you first suffer your injury, you’ll either be assigned a state-approved doctor or your personal injury attorney in Columbus, Ohio will get to select one for.
Another reason for this is that your employer has a right to know what’s going on with your care. Since they are paying for both your medical bills and replacement wages, they have a vested interest. As long as the doctor they send you to is on the approved list, you really have no right to complain.
One thing to remember is that you can always get a second opinion. If your workers comp doctor says that you’re ready to go back to work and you don’t agree, your Columbus workers compensation lawyer can get a second opinion.
Your Columbus Workers Compensation Lawyer Only Has 14 Days to File an Appeal
If, for some reason, your workers comp claim is denied, you can file an appeal. Your personal injury attorney in Columbus, Ohio only has fourteen days to do this. The fourteen days starts on the date the Ohio Bureau of Workers Compensation issued their order.
Since a few days will have gone by, waiting for the letter in the mail, you probably have closer to 7-10 days to file an appeal. If you don’t file your appeal in time, the denial will become permanent, and you won’t have the option of an appeal. This is the last thing you want to happen.
Our Columbus Workers Compensation Lawyers Will Make Sure Your Claim is Filed on Time
As you can see, when it comes to Columbus workers compensation, there are a lot of ducks you need to keep in a row. It isn’t just a matter of reporting your injury. If you think you can sit back and depend on your employer to do the right thing, think again. In an ideal world, it would work that way. Unfortunately, one thing our personal injury attorneys in Columbus, Ohio have learned is that we don’t live in an ideal world.
If you’re worried that your benefits are in jeopardy because you didn’t file your claim in time, contact our office. We can check to see what the issue is with your claim. We can also reach out to the insurance company and see if they’ll approve your claim if the information is provided.
Worst case, we can always file a Columbus workers compensation lawsuit against your employer. This is the last thing they want to happen. Not only will it cost them money to defend the case, but they could lose. And they don’t want it to get out that they don’t take care of their employees.
Call today and schedule your free, initial consultation. You don’t have to pay anything upfront, so you don’t have anything to lose. Since your employer will have a team of lawyers working for them, it’s in your best interest to hire an attorney to help you.