Top Mistakes to Avoid in Ohio Workers’ Compensation Claims
Worried about filing a workers’ compensation claim in Ohio? You are not alone. Many injured workers miss out on benefits. Simple mistakes can ruin your compensation case. The process is strict. Every detail matters. A workers comp lawyer knows the rules. At Spears and Marinakis LLC, we help injured workers daily. Let our experienced workers compensation attorneys guide you.
Want to avoid the most common mistakes? Read on and learn which errors cause claim disasters and how an experienced workers’ compensation lawyer can help keep your claim strong.
Delayed Injury Reporting
Failing to report a workplace injury quickly is a frequent mistake. Ohio workers must tell their employer right away if injured at work. Waiting raises doubts about the injury or illness and may result in denied comp benefits. This delay may lead to reduced or denied workers’ compensation coverage. Ohio law highlights the need to establish jurisdiction based on where the workplace accident happened, the employer’s location, and the employment contract.
Notifying your employer and starting the claim process is the first vital step. The Ohio Bureau of Workers’ Compensation (BWC) must be involved within one year of the injury, or within specific periods for occupational diseases, per Ohio Revised Code Section 4123.84. An attorney can help you navigate these deadlines to ensure you remain eligible to receive workers’ compensation.
Not Seeking Immediate Medical Care
Some injured workers wait before seeking medical treatment. This decision may harm their health and their workers’ compensation case. Ohio’s workers’ compensation system looks closely at medical bills and medical records. Delays suggest the workplace injury is not severe or unrelated to work injuries. Always get prompt medical attention and keep all documentation safe.
Your workers’ compensation lawyer will stress the importance of strong medical evidence. Compensation law ensures that medical benefits may include:
office visits
surgeries,
counseling,
and more if awarded in your comp claim.
The right attorney can help review reports and explain them clearly, which may be the best way to ensure you receive workers’ compensation you deserve and eventually make a safe return to work.
Incomplete or Incorrect Claim Forms
Mistakes on claim forms cause many problems. Compensation claims with missing, false, or inconsistent details are often delayed or rejected. Carefully fill out all paperwork. Double-check every fact before submitting. Incomplete information can trigger fraud concerns. Under Ohio law, workers’ compensation fraud carries penalties such as denial, repayment, and possible jail time.
A workers’ compensation attorney can help review and prepare your claim forms properly. Injury lawyers can help you avoid costly errors, ensuring you stay covered by workers’ compensation insurance.
Not Hiring an Experienced Workers Comp Lawyer
Many workers try to handle claims alone. This often leads to costly errors. Without proper guidance, injured workers just like you miss deadlines or misinterpret workers’ compensation law. Ohio statutes including Chapter 4123 of the Ohio Revised Code govern workers’ comp claims: these can be hard to understand.
The process involves detailed hearings before the Ohio Industrial Commission. A workers’ comp lawyer has knowledge and skill to represent you at:
District Hearing Officer
Staff Hearing Officer
Full Commission
Each level presents new legal issues. Only a qualified workers compensation attorney can help you present evidence, argue your comp appeal, and protect your best interests.
Missing Deadlines
Timeliness is vital in compensation claims. The state requires claims to be filed within set timeframes. For most work-related injuries, claimants need to file within one year. Other rules apply to repetitive injuries and occupational diseases. Missing the deadline almost always results in denial.
The Occupational Diseases schedule in ORC 4123.68 and the injury deadlines in ORC 4123.84 are strict. An experienced attorney can help ensure you do not lose your right to disability benefits, medical treatment, or even compensation for pain and suffering.
Ignoring Doctor’s Orders
Some workers fail to follow prescribed treatments. This might look suspicious to the BWC or to their employer’s workers’ compensation insurer. Skipping follow-up appointments or refusing therapy can harm your comp case. Benefits are awarded only if related to an allowed condition, and compliance with medical advice is scrutinized.
A seasoned workers’ comp lawyer instructs claimants to follow recommendations, attend all appointments, and keep thorough records. This is the best way to ensure you obtain workers’ compensation benefits without dispute and protect your ability to return to work safely.
Withholding Information or Misrepresentation
Never lie on your claim forms. Giving false accounts, hiding previous injuries, or altering facts breaks compensation law. Misrepresentation leads to denial, repayment of benefits, and even criminal prosecution.
A workers’ compensation lawyer will ensure your claim is honest and accurate. Legal representation prevents accidental omissions and helps avoid legal consequences with the workers’ compensation system.
Not Understanding Benefit Categories
Many Ohio workers do not realize the scope of workers’ compensation benefits. Some only seek out wage loss and miss medical care, disability benefits, or total disability coverage. Indemnity benefits include:
Temporary Total Disability (TTD)
Permanent Partial Disability
Wage Loss Compensation
Scheduled Loss
Survivor Benefits
An attorney can help you clarify which benefits apply to your comp case. Understanding what you may be eligible to receive can increase your compensation benefits. You could be entitled to workers’ compensation beyond just wage replacement.
Failing to Appeal Unfair Decisions
The initial workers’ comp claim decision may not always be correct. Some workers give up if denied. Ohio’s appeals process allows compensation cases to be heard at different levels, including the Court of Common Pleas. A workers’ compensation lawyer can help injured workers receive workers’ comp benefits by contesting decisions and filing further appeals.
If you have been denied but believe you may be eligible to receive more benefits, it is critical to consult an attorney who can guide you through the process.
Not Settling When It Is Smart
Some compensation cases are more valuable when left open. Others should be settled for full payment. The law allows claims to remain open for up to five years after the last benefit is paid. Deciding when to settle is complex.
Your attorney can help you weigh options, especially if you suffered a workplace injury requiring long-term medical coverage. This protects your best interests and ensures you receive workers’ comp you are truly entitled to.
Mistakes Workers’ Compensation Lawyers Prevent
Hiring an attorney can help you avoid errors. Workers’ compensation attorneys catch mistakes, make strong arguments, and protect rights. Spears and Marinakis LLC works on a contingency fee basis, so injured workers pay nothing unless they win. Our team offers free consultations and case evaluations to review your claim process.
Workers’ compensation attorneys provide benefits such as:
Timely claim filing
Accurate paperwork
Medical record management
Hearing preparation
Comp appeal support
Settlement advice
These services help ensure you receive workers’ compensation benefits you are entitled to.
Why Choose Spears and Marinakis LLC
Spears and Marinakis LLC is a leading Ohio workers’ compensation law firm. Our compensation attorneys have over seventy years of combined experience. The firm handles workers’ comp, personal injury, and related claims across Ohio.
Clients receive compassionate and thorough support, from filing to settlement. Every lawyer at Spears and Marinakis LLC is dedicated to helping injured workers receive workers’ comp benefits they deserve. Whether your case involves lost wages, long-term disability, or pain and suffering, the firm will fight to protect your rights.
Protect Your Rights With the Right Workers Comp Lawyer
If you suffered a workplace injury or illness, don’t wait. Every mistake can cost time and money. Trust an experienced workers’ compensation lawyer from Spears and Marinakis LLC. The right attorney can help you navigate the workers’ compensation process, cover medical expenses, and secure disability benefits.
We offer free consultations and case evaluations. Schedule a free consultation today. Whether you are a construction worker, someone struggling to return to work, or a victim dealing with pain and suffering after being injured at work, a workers’ comp lawyer can help ensure your rights are protected.
Contact us at 740-532-6913 to receive the compensation you are entitled to. Start now consult an attorney and protect your future.