4 Tips for Winning Your Workers’ Compensation Claim

Post by: Eric Jones | Posted Date: April 29th, 2015 |


Workers’ compensation claims are not typically easy for an injured employee to win. The employer is often motivated to limit losses, and will fight against these claims, even to the detriment of a current employee. Following these four tips will increase your changes of winning your claim.

 

 

 

  1. File your injury claim as soon as possible, but ensure the forms are accurate. An Ohio employee typically has up to two years to report an injury, but it is strongly recommended to file more quickly. While a quick filing of the injury form – the First Report of Injury form (“FROI”) – is important, it is equally important to ensure the information in the report is accurate. If you are asked to complete the form when you are not fully well, know that you have the right to wait until later to complete it. At other times, an employer will insinuate an FROI is not necessary, or will try to discourage you from reporting the injury. If this is your situation, we would suggest reaching out to a Columbus workers’ compensation lawyer to assist you in this process. Without an FROI, the Bureau of Workers’ Compensation has no record of your injury.

  2. Get written statements from witnesses. One common defense against a workers’ compensation claim is the injury occurred outside of working hours or is otherwise not related to employment. For this reason, gaining the statements of witnesses to your accident can be vital. We suggest written statements, preferably notarized, to ensure that the recollection of facts do not change or fade over time.

  3. Seek medical treatment and explain your injury accurately to health care providers. It is gravely important that you seek medical attention for your injury, even while waiting for a workers’ compensation claim to finalize. The claims process can take time, and waiting for this process to finish before getting help can result in a preventable long-term injury. While having physicians treat your injury, it is equally important to clearly describe that it took place on the job. This is helpful both for payment and for later documentation. Most health care providers will be flexible with payment terms when aware of a workers’ compensation claim. Furthermore, the proper documentation related to treatment will support your claims for workers’ compensation payments later, as any delay in treatment could be interpreted as proof the injury was mild.

  4. Carefully read any medical authorization requests. It is common practice for the workers’ compensation insurer to request that you sign a limited medical authorization release, which will allow them to gather medical records and bills directly related to your injury. While this is a reasonable request, we strongly suggest you review the medical authorization request to ensure it is limited to the appropriate date ranges.

Defending the Rights of Injured Workers In Ohio

You may find that seeking legal assistance in your workers’ compensation claim is the best course of action for you. The Jones Law Group has seasoned Columbus workers’ compensation attorneys, which can provide the legal expertise you need to win your claim and recover the funds you deserve. Fill out our online contact form or call us at (614) 545-9998 for your free consultation today.



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