Workers who are injured on the job in Ohio might have a vague idea as to what it is that workers' compensation is and how it works, but there are important points that must be remembered throughout the entire process. A claimant must follow the proper protocol to avoid any mistakes that could prevent a worthy recipient from being approved on workers' compensation claims.
When a worker files a claim, a claims service specialist (CSS) will handle it. The claimant will have received an identification card that identifies the CSS. The CSS will commence investigating the claim and will require the following information: medical reports regarding treatment for the injury and medical expenses; documentation stating whether the claimant is restricted from performing work; a form stating that the worker is restricted; and documentation of wages for the previous 52 weeks before the injury occurred. The employer will be able to certify or reject the claim. This will not be a deciding factor in whether a claimant receives workers' compensation.
After the CSS investigates the claim, there will be a written notice with the decision. The options that the CSS has are the following: allowed, denied or dismissed. If the claim is allowed, the claimant needs to be sure to read the order to certify that they agree with the decision. If it is denied, the employee and employer might disagree with the decision. In either case, the claimant can appeal within 14 days of having received the decision. A dismissed claim will occur if the claimant withdraws the application prior to a decision or during the time when the claim is being appealed. A claimant can refile the case within two years.
If a claimant appeals a workers' compensation decision, they must do so within 14 days, and the appeal must include: the name of the claimant and the employee; the claim number; the date of the order that is being appealed; why the appeal is being made; and the claimant's signature on the date the appeal is made. Naturally, these issues can be complicated and confusing. After a workplace injury, speaking to a lawyer experienced in workers' compensation claims can be beneficial to successfully completing the process.
Source: Ohio Bureau of Workers' Compensation, "OhioBWC - Basics: What happens after I file a claim?," accessed on Jan. 10, 2015
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