Is It Okay to Try to Handle My Ohio Workers’ Compensation Claim on My Own?

If you need to file a workers’ compensation claim in Ohio, is it okay to handle your claim on your own? Or, do you need to hire a Columbus workers’ compensation attorney to represent you?

These are important questions. The decisions you make at the beginning of your workers’ compensation claim could impact your life for months—or even years—to come. The costs of work-related injuries and illnesses can add up quickly (and can continue adding up for a long time), and if your injury or illness has left you unable to work, it will be critical to ensure that you seek the full disability benefits you will need for the future.

So, should you handle your claim on your own, or is it time to talk to an attorney?

10 Important Reasons to Have an Experienced Columbus Workers’ Compensation Attorney on Your Side

Technically, it’s fine to try to handle your Ohio workers’ compensation claim on your own. You are not required to hire an attorney, and you can handle your entire claim yourself if you choose to do so.

But, while you can handle your workers’ compensation claim on your own, this doesn’t mean you should.

If you have a workers’ compensation claim in Ohio, there are several important reasons to have an experienced attorney on your side. Here are just some of the ways an experienced Columbus workers’ compensation attorney will be able to help you:

1. Making Sure You Are Eligible to File for Workers’ Compensation

Before you file for workers’ compensation in Ohio, you first need to make sure you are eligible to do so. If you aren’t eligible for workers’ compensation, you will need to determine what other options you have available.

While most workers in Ohio are eligible to file for workers’ compensation when they get injured or sick on the job, there are exceptions. Additionally, while most on-the-job injuries and illnesses are covered, there are exceptions here as well. An experienced Columbus workers’ compensation attorney will be able to help you understand whether filing a claim for benefits with your employer or the Ohio Bureau of Workers’ Compensation (BWC) is an option in your specific case. You cannot afford to make assumptions in this scenario.

2. Making Sure You File Your Workers’ Compensation Claim Correctly

If you are eligible to file for workers’ compensation, your attorney can help make sure you file your claim correctly. This includes making sure you file your claim with the appropriate entity. While most employees will need to file their workers’ compensation claims with the Ohio BWC, some employers “self-insure” for workers’ compensation, and employees who work for these companies must file their claims with their employers directly.

Regardless of where you need to file your workers’ compensation claim, you need to include all required information. If you omit any required information from your workers’ compensation claim, this could lead to a denial even if you are otherwise entitled to benefits for your on-the-job injury or illness.

3. Making Sure You File Your Workers’ Compensation Claim on Time

If you are eligible to file for workers’ compensation, your attorney can help make sure you file your claim on time. Filing your claim late could lead to a denial as well. Workers’ compensation claims are subject to strict deadlines under Ohio law—and, if you miss the deadline for your claim by even a single day, this could leave you without the benefits you deserve.

4. Making Sure You Seek the Maximum Benefits Available

When you have a workers’ compensation claim in Ohio, it is up to you to make sure you are seeking the full benefits you deserve. This includes both “medical benefits” for the cost of your treatment and “disability benefits” for any time you miss from work.

Calculating disability benefits can be challenging, and injured and sick workers will often struggle to make sure their medical and disability benefits aren’t terminated prematurely. An experienced Columbus workers’ compensation attorney will be able to help make sure you are seeking the maximum benefits available for as long as you are entitled to receive them.

5. Dealing with Any Issues on Your Behalf

Whether you need to file your workers’ compensation claim with your employer or the Ohio BWC, you need to be prepared for several potential issues to arise. Even though workers’ compensation is a “no fault” system in Ohio, injured and sick workers often struggle to collect the benefits they deserve.

When you hire an experienced Columbus workers’ compensation attorney to represent you, you can rely on your attorney to deal with any issues on your behalf. While it is often possible to resolve issues during the claims process, sometimes filing an appeal with the Ohio BWC or going to court will be necessary.

6. Seeking a Lump Sum Settlement on Your Behalf

For many workers, rather than waiting to receive ongoing benefit payments, it will make sense to seek a lump sum settlement. Your attorney can help you understand whether seeking a lump sum settlement makes sense in your case; and, if it does, your attorney can negotiate for a favorable settlement on your behalf.

7. Filing an Appeal with the Ohio BWC if Necessary

As we said above, while it is often possible to resolve issues during the claims process, sometimes injured and sick workers will need to pursue formal appeals. The first step in this process is to file a Notice of Appeal with the Ohio BWC. If you need to file a Notice of Appeal with the Ohio BWC, you will want to have an experienced and knowledgeable Columbus workers’ compensation attorney who can guide you through the process.

8. Fighting for the Benefits You Deserve in Court if Necessary

If you file an appeal and still aren’t able to collect the workers’ compensation benefits you deserve, you may need to take your workers’ compensation claim to court. This, too, requires experienced legal representation. If you’ve been working with an attorney since the beginning of your claim, your attorney will be familiar with the issues involved and will be able to represent you efficiently.

9. Determining if You Have Any Claims Outside of Workers’ Compensation

Another important reason to talk to an attorney is that you may have a claim outside of workers’ compensation. While workers’ compensation can help cover the costs of a serious work-related injury or illness, it doesn’t cover all of the costs that serious injuries and illnesses can cause. However, if you have a personal injury claim, your attorney may be able to help you recover full compensation for your lost earnings, pain and suffering, and other financial and non-financial losses.

10. Helping You Make Smart Decisions Throughout the Claims Process

Finally, when you hire an experienced Columbus workers’ compensation attorney to represent you, you can rely on your attorney to help you make smart decisions throughout the claims process. How much should you be seeking in disability benefits? Should you seek a lump sum settlement? If so, how much should you be willing to accept? These are critical questions that your attorney can help you answer with confidence.

What Can Go Wrong if You Try to Handle Your Workers’ Compensation Claim on Your Own?

Let’s say that you decide you want to try to handle your workers’ compensation claim on your own. What can go wrong? Here are some issues (among many others) that we see far too often:

• Technical Issues Leading to Claim Denials – If you make any mistakes when filing your workers’ compensation claim—including technical mistakes like omitting a date or signature—this could lead to a denial even if you are suffering from a qualifying work-related injury or illness.
• Accepting Less Than Injured Workers Deserve – If you aren’t sure how much you are entitled to recover for your work-related injury or illness, you may unknowingly end up accepting less than you deserve.
• Premature Termination of Benefits – Along with underpayment of workers’ compensation benefits, premature termination of injured and sick workers’ medical and disability benefits is a common issue as well.
• Failing to File a Timely Appeal – If you end up needing to appeal a denial of workers’ compensation benefits, you will need to file your Notice of Appeal before the deadline expires.
• Failing to Seek Compensation from Other Sources – If you have a claim outside of workers’ compensation, only filing a workers’ compensation claim could also leave you with far less than you deserve.

Schedule a Free Consultation with a Columbus Workers’ Compensation Attorney Today

Would you like to know more about how an attorney can help if you are dealing with a work-related injury or illness in Ohio? If so, we encourage you to contact us promptly for a free consultation. To schedule an appointment with an experienced Columbus workers’ compensation attorney at Malek & Malek Law Firm, call us at 888-444-7440 or tell us how we can reach you online today.