How to Document Your Ohio Workers’ Compensation Claim

If you’ve been injured or fallen ill on the job in Ohio, you may be entitled to workers’ compensation benefits. Under Ohio’s “no fault” workers’ compensation system, employees can file claims regardless of what caused their medical condition (with only very limited exceptions)—as long as they can prove that they got injured or sick within the scope of their employment. Even so, thorough documentation can be essential, and this is one of several reasons why it is important to have an experienced Columbus workers’ compensation attorney on your side.

When you hire an experienced Columbus workers’ compensation attorney to represent you, your attorney will assist with gathering all of the documentation you need to file a successful claim for benefits. Your attorney will also file your claim for you, and your attorney will deal with any issues that arise on your behalf. With that said, your attorney will need your help documenting your claim, so it will be important for you to understand what this part of the process entails.  

Documenting Your Eligibility to Receive Workers’ Compensation Benefits

One of the first steps in the process is to document your eligibility to file for workers’ compensation benefits. As a general rule, only employees are eligible to file for workers’ compensation benefits under Ohio law. With this in mind, you will need documentation that you are an employee (and not an independent contractor or a self-employed individual).

Practically speaking, employment status isn’t usually an issue in workers’ compensation cases (and employees are generally covered from their first day of work). Even so, it is important to have documentation of your employment status just in case you need it. Your most recent pay stubs should be enough, but it may be helpful to track down your most recent W-2 and any other employment-related documents you may have as well.

Documenting an On-the-Job Injury

If you are filing a workers’ compensation claim for an on-the-job injury, you will need documentation of your injury to seek the benefits you deserve. While you don’t necessarily need to be able to prove the cause of an on-the-job injury to file for benefits, you do need to be able to prove where and when you got injured—because you need to be able to prove that you suffered your injury within the scope of your employment.

With this in mind, some examples of the types of documentation you may need to prove an on-the-job injury include:

• Photos of the location where you were injured (if you took photos immediately after the accident)
• Statements from co-workers who witnessed the accident that caused your on-the-job injury
• Medical records documenting your diagnosis and when you sought treatment
• A copy of the incident report you filed with your employer
• Additional evidence that your attorney obtains through a forensic investigation

If you need to file a workers’ compensation claim for a repetitive stress injury (like carpal tunnel syndrome), you won’t necessarily have photos, forensic evidence, or co-workers who can testify about what happened. In this scenario, your medical records will be especially important for proving your claim for benefits. In any case, if you haven’t done so already, you should see a doctor promptly, and you should be sure to explain to your doctor how your injury is related to your employment.

You should take detailed notes if you haven’t done so already, as well. You should write down everything you can remember while the cause of your injury is still fresh in your mind. The more details you can provide to your Columbus workers’ compensation attorney, the easier it will be for your attorney to assess your legal rights and determine what types of evidence might be available.

Documenting an Occupational Illness

Seeing a doctor promptly and taking detailed notes are also key steps for documenting an occupational illness. When taking detailed notes, you should write down precisely why you believe your illness is related to your employment (i.e., if you work with toxic substances or other hazardous materials). This is information that you should be sure to share with both your doctor and your Columbus workers’ compensation attorney.

As you receive treatment for your illness and work through the recovery process, you should get in the habit of keeping your medical records and taking notes about any milestones, setbacks, or other significant events (this is true for on-the-job injuries as well). Generally speaking, the more documentation you have, the better.

Documentation You Will Need to File Your Workers’ Compensation Claim

Once you are ready to file your workers’ compensation claim, you will need to have a few key forms of documentation available. Some of these you will need to prepare your claim, and some of them you will need to submit to the Ohio Bureau of Workers’ Compensation (BWC)—or to your employer if it is self-insured. The documents you will need to file your workers’ compensation claim include:

• Medical Records – Your medical records will be important to your workers’ compensation claim for various reasons. Not only will they be necessary for proving that your injury or illness is work-related, but they will also be necessary for proving that you qualify for temporary or permanent disability benefits if you need to miss time from work.
• Employment Records – Even if your employment status isn’t in question, your employment records will be important for proving that you are eligible for disability benefits. Under Ohio law, you are eligible for disability benefits through workers’ compensation if you miss eight or more days from work.
• Details About Your Injury or Illness – As the Ohio BWC explains, you will need to provide details about your injury or illness, including “date, time, location, [and] description.” When filing for benefits, it is critical to ensure that you include all of the details that are necessary for the Ohio BWC (or your employer) to accurately evaluate your claim.
• Documentation of Any Days (or Hours) You Have Missed from Work – Along with your official employment records, you should also try to keep your own records of any days (or hours) you miss from work as a result of your injury or illness. This includes both the time you miss when seeking treatment and the time you miss because you are physically unable to do your job.
• First Report of Injury or Illness (FROI) – Filing a workers’ compensation claim starts with submitting a First Report of Injury or Illness (FROI) to the Ohio BWC. While your employer or healthcare provider may submit an FROI for you, you may also need to prepare and file an FROI yourself. Your Columbus workers’ compensation attorney will be able to assist you with preparing and filing your FROI correctly.

As you work through the workers’ compensation claim process, you may need various other forms of documentation as well. Every claim is unique, and injured employees can face a variety of different challenges along the way. Ultimately, the specific documents you need will depend on the specific circumstances of your claim—and this is another reason why it is important to have an experienced Columbus workers’ compensation attorney on your side.

What if Your Documentation Isn’t Enough?

What if your documentation isn’t enough? In other words, what if the Ohio BWC (or your employer) denies your claim for workers’ compensation benefits?

In this situation, you may need to file an appeal with the Ohio Industrial Commission (IC). In most cases, workers have 14 days to file an appeal. Filing an appeal starts with submitting a completed Notice of Appeal (Form IC-12) to the IC, which you can do by mail, fax, or online.

Once you initiate your appeal, you will need to be able to prove to the IC that you are entitled to benefits. You (or your attorney) will need to present evidence at a hearing, and you (or your attorney) will need to be prepared to deal with any evidence your employer presents as well. Here too, the more documentation you have, the better—and it will be critical to ensure that you have all of the documentation you need to prove your claim for benefits.

Getting Started with Your Workers’ Compensation Claim in Ohio

While filing a successful workers’ compensation claim can be challenging, you do not have to go through the process alone. You can—and should—hire an experienced Columbus workers’ compensation attorney to represent you. This costs you nothing out-of-pocket, and your legal fees (if any) will be calculated as a percentage of the disability benefits your attorney helps you recover. Legal fees in workers’ compensation cases are capped under Ohio law.

Get Help from an Experienced Columbus Workers’ Compensation Attorney at No Out-of-Pocket Cost

Do you need to know more about what it takes to file a successful workers’ compensation claim in Ohio? If so, we invite you to contact us for a free, no-obligation consultation. To discuss your claim with an experienced Columbus workers’ compensation attorney for free, call 888-444-7440 or request an appointment online today.