After an occupational injury, time is of the essence and it is to your advantage to file a claim as swiftly as possible. But how will you know in which direction your case is headed? What should you do once the workers’ comp claim in Ohio has been filed? In this blog, we will try and address all the queries you may have and play our role to help you make the right decision.
The U.S Bureau of Labor Statistics reported in 2019 that a little over 91,000 non-fatal work-related injuries and illnesses took place in Ohio. This led to a 2.4 per 100 full-time workers’ incidence rate.
What Legal Recourse Do I Have After a Workplace Injury in Ohio?
A lot of people are clueless regarding the legal options an injured person may have. Filing a workers’ comp claim in Ohio is the simplest answer to uphold the rights you are entitled to after an occupational injury. In such a type of claim, you are able to recover lost earnings and medical costs incurred in the event of the damages sustained by you.
The following parties have a right to lawfully file a claim in Ohio:
- The injured worker: The plaintiff must file the first report of injury within one year starting from the date of the incident.
- The doctor attending to the injured employee: It is essential to note that doctors who file a claim on behalf of the injured worker are also required to fill either the BWC or managed care organization (MCO). MCO is an entity that administers medical treatment for workplace injury claims.
The wounded individual or their dependents will receive a notification letter after the BWC has received a claim. Moreover, they will also get a BWC identification card in their mail. This usually takes place after a few days of filing a claim. After receiving this mail, the injured employee can sign up for an online account in which they can view the live status of their claim.
Timeframe to File a Workers’ Comp Claim in Ohio?
“Statute of Limitations” is called the time a plaintiff has to file a claim. On the other hand, two years are granted to such workers who have suffered from a work-related disease. This may seem like a handful of times. However, when people delay fighting their case, the statute of limitations expires. Subsequently, you cannot legally file a claim against the defendant. This results in an inability to collect a payout against their injuries.
Checking Up on Your Ohio Workers’ Comp Claim in Ohio:
It is likely that you want to go back to work as soon as possible after an occupational injury. It is also imperative that you are completely healed and in a position to work before you start performing your job again. During this process, you must check the status of your claim. Your attorney or the BWC can share this information with you once you have created an e-account with BWC. This will help you stay one step ahead of your claim status.
Why Do People Wait to File Workers’ Comp Claim in Ohio?
This can be a bit complicated to understand when the workers are in dire need of medical assistance and still do not file a claim.
Fear of Employer Retaliation:
Some employees fear that if they do file a claim, they will be moved to a different department or even get demoted. Getting ultimately fired is also one of the things contributing to their trauma. Being aware of the fact that you have legal rights and options as a citizen of the state is essential. A lot of people do not know that retaliatory actions by employers have legal consequences. This suggests that an employer cannot punish, threaten, or fire an employee for filing a lawsuit against them.
Fear of What People Will Think:
People often have a perception that their co-workers will see them differently if they file a claim. It is imperative that everyone performing their employment duties forget about what people think and start looking out for what is best for them.
Waiting to See How Severe the Injury is:
This is the situation where people evaluate how grave their damages are eventually going to turn out. It is a fact that waiting for the injury to heal itself is dangerous. Therefore, you must always visit a medical professional to make such decisions for you.
We at Workers’ Compensation Lawyers are a team of professionals who ease the process for your workers’ comp claim in Ohio. In this way, you will have ample time to sit back and relax while your wounds heal, while we win the case for you. Call us today or visit our offices to book a free session.