Tips that could help your Ohio work injury case | Findlay, Ohio workers' compensation lawyer

Everyone who has watched a courtroom drama has an idea of what court should be like. The imagined setting is a large, ornate courtroom presided over by a stern judge, with lawyers locked in heated battle in front of an engrossed jury.

That’s not what you get in an Ohio worker’s compensation case. The world of worker’s compensation is a bureaucrat’s dream.

In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.

Rather than having a judge preside over a case, a hearing officer will review the facts of each claim by reviewing medical reports and listening to lawyers or representatives of each party. In some cases, the hearing officer will take sworn testimony by the injured worker or from a representative of the employer. A finding may be issued on the spot, or the officer may take additional time to review all the evidence before coming to a decision.

It’s not very dramatic, but obviously the outcome is important to the injured worker. Here’s a very general description of how the process works and our suggestions about some issues you may want to consider:

-       Report the injury to your employer: Always make sure you tell your employer when you’ve been injured at work. Ask your employer to produce a written report about the incident. Whether or not your employer completes a written report, make sure you document the date and time of the injury, how it happened, where it happened, and whether there were witnesses. Do this even if you have to produce the report yourself. Also, keep all receipts and hospital records.

-       First Report of Injury Form: Complete a First Report of Injury form, which is called a FROI in the work comp world. Your employer is supposed to fill out the form, but if that doesn’t happen, an attorney can help you. The form is crucial because it’s the only way you can get a claim number on file with the Bureau of Worker’s Compensation. Without a claim number, your claim will go nowhere. So, complete a FROI as soon as possible. Generally, an injured worker has two years from the date of the injury to file a claim.

-       Get a claim number: You need a claim number issued by the BWC. Once the FROI is filed, contact the BWC so you can get an ID claim card. Everything that happens with your case will be linked to the claim number on the card.

-       Get medical treatment: Many people don’t realize they don’t have to get their injuries treated by their employer’s doctor. You can treat with any doctor you want as long as the doc is certified by the BWC. If your family doctor isn’t BWC certified, consult a lawyer who does a lot of this work to get references for qualified doctors. You can only get compensated for the conditions that the BWC determines were caused by your workplace injury. Your attorney can file a motion that seeks coverage for additional conditions related to the injury. This becomes important if you later have to file a permanent partial disability claim.

-       Mandatory drug testing: If it’s done in a timely fashion, your employer can require you to take a drug test following your workplace injury. If requested, you have to take the test in order to proceed with your claim. If you test positive for drugs, your drug use will be presumed to have caused or contributed to the accident. That presumption, though, is rebuttable and so it doesn’t always kill your case.

-       Lost wages: When you seek temporary total disability benefits, you need to make sure your doctor files a C-84 form with the BWC so you can be compensated for your lost wages. Sometimes doctors forget to do this, so you need to request it or have your attorney work with your doctor’s office.

-       Wage differential claims: If your Toledo, Ohio accident injury causes a reduction in your work hours or your rate of pay, you can file for wage differential benefits to help compensate you for the difference. The same concept holds true if your injury causes you to change employers and you are working for less pay or fewer hours than you were at your previous job.

-       Contested hearings: If your employer opposes your claim or a portion of your claim, there may be a contested hearing on the issue. In this situation, you really need an attorney that handles a lot of worker’s compensation cases. You need someone who knows what arguments to make for a particular situation in order to portray your situation in the best light possible with the hearing officer.