As the number of workplace injuries is increasing, the concerns of injured workers are growing. Obtaining a workers’ comp claim in Cincinnati, OH could become a complex process when you are suffering from pain and trauma caused by a work-related injury. Severe injuries leave a devastating impact on the life of the person involved and their loved ones.
According to the Ohio Bureau of workers’ compensation, the medical compensation and lost-time claims for injuries after August 2006 are closed for five years from the previous compensation received in terms of medical bills or other compensation.
This is just the basic information from the state law regarding how long a workers’ comp claim can stay open. It is necessary to look deeper into open workers’ comp claims; whether it is applicable to close them five years and how to keep it open when it’s approaching the closing date. These implications of workers’ compensation claims are necessary to be well understood before filing the case.
When a Workers Comp Claim in Cincinnati, OH Opens
The estimates of 2019 show there were 4,572 preventable work-injury deaths reported. The number of injuries that were medically consulted was around 4.64 million. The case of workers comp claim in Cincinnati, OH opens when the person suffering from a work-related injury or work-related illness provides an application to receive benefits. It is required that the injury occurred at the workplace while performing job-related responsibilities.
The benefits and compensation received depend on the amount given under workers’ comp for medical expenses. These involve treatments, surgeries, therapies as well as occupational therapies, lost wages, settlements for severe injuries among others. The severity of the injury is contingent on the level of impact. A person may suffer from severe injuries resulting in permanent disability or loss of function of a body organ.
It is vital to know that the case opens once the injured or ill worker applies to benefits. The required time to submit the case is within the one-year statute of limitations. In cases of workplace injury and work-related deaths the deadline to submit a case is exactly after 12 months of the date when the incident occurred.
In case of illness caused by work-related activities, the time to file for the claim initiates when the symptoms are first experienced or when the first diagnosis is made by the doctor. In many medical conditions, the symptoms may surface after days or even months.
When the case is open, the injured worker may proceed with submission for the medical payment claim along with wage support payment.
How to Close a Workers’ Comp Case
The cases for workers’ comp closes in the following conditions:
Several first-time applications are rejected by the Ohio workers’ comp system. The victims then decide accordingly whether to pursue appeals or drop the case. If the case is not approved after multiple appeals then the case gets a final rejection.
When a settlement is being negotiated then the workers and worker’s comp program can mutually agree on closing the case. The negotiations for settlement cases differ in each situation. Commonly, the workers’ comp program agrees to compensate all the benefits and provide claims to the injured victim. Whereas, the injured victim in return does not file any further claim regarding the current injury. The victim can only file for a separate injury or illness; thus providing a separate application for benefits.
Statutorily a case for workers’ comp closes after five years have passed without any new claim for health or wage expense claim.
Get in Touch to Keep Your Case Open
If you want to know further details regarding how you can keep workers’ comp claims in Cincinnati, OH open, consult our skilled team to determine all your legal options. You need a professionally experienced workers’ compensation attorney, who will guide you through the process of filing a claim and keeping the case open.
It is necessary for the injured victim to not settle with the other party and continue submitting the claims. This will assist in keeping the case open. The claims submitted must be associated with the case to get approval and allow the case to remain open.
For a successful claim, it is necessary to keep a complete medical record and doctor’s treatment plan along with other documentation.
We may not be able to protect you from a work injury but we are here to protect your rights. If you or your loved one experience such an unfortunate incident, we will guide you through the best legal options while ensuring the maximum claim that you deserve.