What Should I Do if I Get Hurt at Work in Ohio?

Dealing with a work injury can be challenging. Not only are you in pain, but if you need medical treatment and are unable to work, your costs can add up very quickly. While you may be entitled to workers’ compensation benefits, you will need to be very careful to protect your ability to claim the benefits you deserve. Learn more from an experienced Columbus workers’ compensation attorney at Malek & Malek Law Firm:

Dealing with an Injury on the Job

When you get hurt at work, there are two things you need to do promptly. The first is to protect your health, and the second is to protect your legal rights. While minor injuries can heal on their own, serious work-related injuries can potentially lead to chronic pain, physical disabilities and other long-term effects.

They can also potentially be very expensive. Typically, serious work injuries negatively impact individuals’ finances in two ways:

• They lead to a mountain of medical bills (and medical debt); and,
• They prevent individuals from earning the money they need to cover their expenses.

As a result, suffering a serious work injury truly is a double-edged sword. This is why it is important not only to protect your health, but to protect your legal rights as well.

So, what should you do?

Once you’ve been hurt at work, the clock starts ticking. Waiting to seek treatment could compromise your recovery, and you only have a limited amount of time to assert your legal rights. With this in mind, while we know that all you may want to do is rest, there are some important steps that you need to prioritize:

Seek Medical Treatment Promptly

Your first priority should be to seek medical treatment. If you have been seriously injured, you will need treatment in order to recover as fully and quickly as possible. While some states allow employers to choose the doctors their employees see, in Ohio, you have the right to choose your own doctor if you were hurt at work.

For your first visit, you can see any doctor you choose. This includes a doctor at the emergency room (ER). If you have a workers’ compensation claim, your first visit is covered regardless of where you go for treatment.

After your first visit, however, you will need to see a doctor who has been certified by the Ohio Bureau of Workers’ Compensation (BWC). As the BWC explains:

“If the doctor you initially see is certified by BWC, you can continue to see them. You can choose a different medical provider if you prefer, as long as they are also BWC-certified. . . . Except in the case of an emergency or for your first visit, you will be responsible for paying your own medical bills if you choose a medical provider who is not BWC-certified.”

You can ask your doctor if he or she is BWC-certified; and, if so, you can continue seeing your doctor as long as you are satisfied with the quality of your care. If your doctor is not BWC-certified, you will need to find a certified doctor for your next visit so that you can seek coverage for your medical bills through workers’ compensation. The BWC has an online provider look-up where you can find certified doctors in your area.

What if your employer recommends a doctor for you to see? In this situation, you need to be very careful. Oftentimes, employers recommend doctors not because they want to help their employees, but because they want to protect themselves. If your employer has a business relationship with the doctor you see for your work injury, this could unfortunately compromise the quality of the care you receive.

Talk to a Columbus Workers’ Compensation Attorney

Once you’ve seen a doctor for treatment, your next step should be to talk to a Columbus workers’ compensation attorney. Why? Because you need to find out if you are eligible for workers’ compensation. This is important for several reasons, including:

• This will let you know if you need to see a BWC-certified doctor for your next visit (if your current doctor is not certified).
• If you are eligible for workers’ compensation, there are steps you need to take to protect your claim for benefits.
• If you are not eligible for workers’ compensation, there are different steps you need to take to protect your legal rights.

An experienced Columbus workers’ compensation attorney will be able to assess your eligibility to file a claim. If you are eligible, your attorney can then guide you through the next steps in the process. Hiring an attorney to help you with your workers’ compensation claim costs nothing out of pocket. An experienced attorney will be able to help you seek the maximum benefits available, and your legal fees will be calculated as a percentage of the benefits (if any) your attorney helps you recover.

Filing for workers’ compensation is a multi-step process. It is also a complex process with many potential hurdles along the way. Here are just some of the ways an experienced Columbus workers’ compensation attorney can help you:

1. Filing Your Workers’ Compensation Claim

When you have a workers’ compensation claim in Ohio, you must file your claim properly. You must also file your claim on time. Your attorney will be able to help make sure you meet all of the requirements for preserving your ability to seek the benefits you deserve.

2. Dealing with the Ohio BWC and Your Employer for You

In Ohio, seeking workers’ compensation benefits usually means dealing with the BWC. However, some employers are “self-insured,” which means that they pay (or are supposed to pay) their employees’ claims directly. Employers can dispute employees’ claims with the BWC as well. Your attorney can deal with the BWC and your employer on your behalf.

3. Calculating Your Partial or Total Disability Benefits

If you were hurt at work and your injury either prevents you from working or restricts your ability to work, you may be entitled to partial or total disability benefits. If you are entitled to these benefits, it will be critical to make sure you know how much you are entitled to recover. Your attorney can accurately calculate your disability benefits for you.

4. Helping You Understand How Long Your Benefits Should Continue

One of the most common issues employees encounter when dealing with workers’ compensation is that their benefits are terminated too soon. Your attorney can help you understand how long your benefits should continue, and your attorney can fight to maintain your benefits if necessary.

5. Dealing with Any Issues that Arise

While filing for workers’ compensation when you’ve been hurt at work should be a straightforward process, it often is not. Various issues can arise. If you don’t resolve these issues in your favor, you could end up without the benefits you deserve. Your attorney can help you deal with any issues you may encounter during your claim.

What if you aren’t eligible for workers’ compensation? Those were some of the ways an attorney can help if you have a workers’ compensation claim, but what if you aren’t entitled to benefits?

If you aren’t eligible for workers’ compensation, you may have a personal injury claim (employees who have workers’ compensation claims may also have personal injury claims in some cases as well). Filing a personal injury claim is an entirely separate process that also requires experienced legal representation. It is also a process that requires you to act promptly—and, here too, seeing a doctor and talking to an attorney should be your two main priorities.

Keep as Much Documentation as Possible

The third thing you should do after being hurt at work is to keep as much documentation as possible. Whether you have a workers’ compensation claim, a personal injury claim or both, you will need documentation to prove your legal rights. While you will need to rely on your attorney to collect and create some of this documentation for you, you can help protect your legal rights by gathering documentation such as:

• Any photos or videos you took at the time of the accident
• A detailed list of everything you can remember about the accident
• Your medical records from your first visit

If you have anything else that you think might be relevant to your claim, you should keep this to share with your attorney as well. Your attorney will be able to explain what is (and isn’t) relevant for asserting your legal rights, and then your attorney will be able to guide you through the next steps in the process.

Schedule a Free Consultation with a Columbus Workers’ Compensation Attorney

Did you get hurt at work in Ohio? If so, we strongly encourage you to speak with a Columbus workers’ compensation attorney at Malek & Malek Law Firm. To schedule a free, no-obligation consultation as soon as possible, call 888-444-7440 or tell us how we can reach you online now.