Frequently Asked Questions About Workers' Compensation

Q: What, exactly, is workers’ compensation?

A: “Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses. While the federal government administers a workers’ comp program for federal and certain other types of employees, each state has its own laws and programs for workers’ compensation. For up-to-date information on workers’ comp in your state, contact your state’s workers’ compensation office.” (Source: Nolo.com)

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Q: In which instances would I need a workers’ compensation lawyer?

A: While this is by no means a complete list, the following situations would call for a workers’ compensation attorney:

• The employer denies you were injured on the job
• The insurance carrier has denied you benefits
• You cannot get the medical treatment you need
• You aren’t getting paid
• An insurance adjuster promises benefits or care which never arrives
• A lawyer for the insurance company wants you to take a deposition
• In an attempt to sue a third party, you represent yourself and are confronted by someone on the other side who tries to take advantage of your lack of legal training and knowledge

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Q: How do I file a claim?

A: An injured worker can file a claim by manually completing the First Report of Injury (FROI) and mailing it to any BWC service office, or the FROI can be completed on-line.

Most Ohio workers’ compensation claims are filed by the managed care organization (MCO) after being notified of the work-related injury or occupational disease by the health-care provider or the employer. If you have been treated for a work-related injury, a claim may have been filed for you already. To check this you may contact BWC. (Source: Ohio Bureau of Workers’ Compensation)

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Q: Who can file a claim with BWC?

A: Injured workers, employers, authorized representatives and designees can file claims with BWC. MCO's and medical providers can also file claims.

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Q: Why should I choose Elk & Elk to represent me when I’ve filed a workers’ comp claim?

A: Considering Elk & Elk’s stellar, more than 45-year history representing victims of all manner of workplace injury – including loss of life and limb – choosing us to handle your employment injury claim is a no-brainer. You need a highly-skilled, well-informed and well-prepared law firm with the resources necessary to take on the most skilled workers’ comp defendants and theirlawyers. You need to see that your rights are protected and you are able to get your life back on track as soon as possible following an on-the-job injury. That’s why you should choose Elk & Elk to represent you in the event of a work-related injury or death.