Workers’ comp, what is it?
Frequently Asked Questions About Workers’ Compensation
Q: What exactly is workers’ compensation?
A: Workers’ compensation (or work-related disability) is a ‘no-fault’ system that compensates employees for work-related injuries or illnesses. Benefits are limited to wage loss, medical and rehabilitation expenses and are payable as long as the disability lasts or medical treatment is reasonably necessary.
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 that 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.
Q: How do I file a claim?
A: An injured worker can file a claim by completing the First Report of Injury (FROI) and mailing it to any Bureau of Workers’ Compensation (BWC) service office, or the FROI can be completed online.
Most Ohio workers’ compensation claims are filed by a managed care organization (MCO) after being notified of a work-related injury or occupational disease by a health care provider or 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 the BWC. (Source: Ohio Bureau of Workers’ Compensation)
Q: Who can file a claim with the BWC?
A: Injured workers, employers, authorized representatives and designees can file claims with the BWC. MCOs and medical providers can also file claims.
Q: Why should I choose Elk & Elk to represent me when I’ve filed a workers’ comp claim?
A: Considering Elk & Elk’s stellar, 50-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 lawyer with the resources necessary to take on the most skilled workers’ comp defendants and their lawyers. 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.
If you have suffered an injury at work, contracted an occupational disease, or a loved one sustained injuries resulting in disability or death, the ever-changing landscape of worker’s compensation law can be overwhelming.
At Elk & Elk, our worker’s compensation team has the knowledge and skills necessary to successfully pursue a claim. We make certain all documentation is accurate, so that the extent of your injuries is clearly illustrated.
You must act quickly. Workers’ Compensation claims should be filed in a timely manner. If you have already filed a workers’ compensation claim and been denied, an appeal must be filed within 14 days.
Workers’ Compensation does not cover all damages. Your losses may go beyond medical bills and lost wages covered by workers’ compensation. Let us explore all possible sources of compensation available to ease your pain and suffering, loss of enjoyment, or a file lawsuit to punish an employer for reckless conduct.
We can help at any stage. From dealing with the Industrial Commission (IC) to filing a third party law suit, our highly qualified attorneys are here to help you get what you deserve.