If you’ve been injured at work, the stress of medical bills, lost wages, and recovery can quickly become overwhelming. In these situations, it’s vital to have an experienced Maumee workers’ compensation lawyer from Charles Boyk Law on your side. We can help you protect your rights and ensure you get the financial support you need.
Dealing with a work injury often means facing a series of challenges. Your employer or the Bureau of Workers’ Compensation (BWC) may assign doctors who don’t have your best interests at heart. On top of that, delays, second opinions, and even private investigators hired by employers can make the process frustrating. Many workers feel helpless in these circumstances, but our Maumee personal injury lawyers are here to help you navigate the system and secure the benefits you’re entitled to.
At Charles Boyk Law, our mission is to support injured workers by creating personalized plans that help you recover quickly, pay your bills, return to work, and restore your quality of life by removing the added stress from the complex legal process.
What Qualifies as a Workplace Injury?
To be eligible for workers’ compensation in Ohio, your injury must be related to your job. Technically, you must be injured in the scope of and arising out of your employment—this is a technical requirement that our workers compensation attorneys are familiar with and have been successful in proving. Here’s the type of injuries that are generally considered:
- Physical Injuries: These are accidents that happen while performing job tasks, such as falls, getting struck by objects, or injuries from machinery. Whether it’s a minor injury or something more serious, like a broken bone, workers’ compensation typically covers these types of injuries.
- Occupational Disease/Illnesses: Long-term exposure to hazardous work conditions can lead to illnesses like mesothelioma, asthma, or other lung diseases. Healthcare workers, factory employees, and others working with chemicals or contagious diseases are particularly vulnerable.
The Work Environment and What It Includes
The Occupational Safety and Health Administration (OSHA) defines the work environment as not only your physical workplace but also any location where you’re performing job-related tasks. This includes:
- Your usual workplace (office or factory)
- Offsite locations like client offices, construction sites, or even while driving a company vehicle.
Even if you’re working outside of your main office, you may still be covered by workers’ compensation. For example, the workers compensations lawyers at Charles Boyk Law have gotten claims allowed for workers injured while in a jobsite’s parking lot, inside a customer’s building, and for truck drivers who were driving out-of-state.
What Activities Are Covered?
Injuries that occur during activities related to your job, such as company events, may also be covered. For example, if you’re hurt at a work-sponsored event, like a holiday party, you may be eligible for benefits. However, personal activities, including horseplay or pranks at work, generally won’t be covered. Contact one of our Maumee workers compensations lawyers at Charles Boyk Law for a free personal consultation of your claim.
Filing a Workers’ Compensation Claim in Maumee
If you’ve been injured at work, filing a workers’ compensation claim is the first step in securing your benefits. Here’s how the process works:
- Report the Injury to Your Employer: As soon as you’re injured, inform your employer. Delays in reporting can hurt your chances of receiving benefits. Your employer may refer you to a company doctor for treatment.
- File a First Report of Injury (FROI): After reporting the injury, you need to submit a formal claim to the Ohio Bureau of Workers’ Compensation (BWC) by filing a First Report of Injury (FROI). This form is critical to the claims process and must be submitted correctly and on time. A workers’ compensation lawyer can help ensure your FROI is completed accurately.
- Wait for the BWC’s Decision: After filing the FROI, you will receive a claim number. The BWC has 28 days to approve or deny your claim.
Having a Maumee workers’ compensation lawyer assist you with the FROI is essential. We’ll ensure the form contains all necessary details, such as a thorough accident description, medical diagnoses, and disability information. If your claim is denied, we can also help you appeal the decision.
Types of Workers’ Compensation Benefits in Ohio
To receive benefits, an injured worker must have a BWC order showing that their claim is allowed. Workers’ compensation in Ohio provides four main types of financial benefits:
- Temporary Total Disability (TTD): If you’re unable to work for 8 or more days due to your injury, you may qualify for TTD benefits. These benefits support workers who can’t earn wages because of their injury. Once the injured worker returns to work, this type of benefit ends.
- Permanent Total Disability (PTD): If your injury is so severe that you cannot return to any type of work, you may qualify for PTD benefits. Medical evidence must show that your disability is permanent.
- Wage Loss Compensation: If your injury doesn’t stop you from working but limits the type of work you can do or reduces your earning potential, wage loss compensation may help make up the difference. This is useful if you have to take a lower-paying job due to your injury.
- Permanent Partial Disability (PPD): If your injury leaves you with permanent limitations, but you can still work, you may qualify for PPD benefits. Your injury will be evaluated, and a percentage of disability will determine the compensation amount.
What to Do if Your Claim is Denied
Often, claims are denied, which can happen for many reasons. If your claim is denied, you have the right to appeal the decision. If your claim is denied, you have the right to appeal. Common reasons for denial include:
- Failure to seek prompt medical treatment
- The injury not being severe enough
- Disputes about whether the injury is work-related
To appeal a denial, you must file with the Industrial Commission of Ohio (IC) within 14 days of the BWC’s decision. Navigating this process can be complex, but luckily the workers compensation attorneys at Charles Boyk Law have decades of experience in doing so. Having a workers’ compensation lawyer guide you through the appeal is essential to presenting a strong case.
Navigating the Appeals Process
If your claim is denied, you can request a hearing in front of the Industrial Commission. The process is less formal than a courtroom trial but still requires careful preparation. You can present additional evidence, such as medical records or expert testimonies, to support your case. If the Commission’s decision is still unfavorable, you can appeal to the Ohio Court of Common Pleas. A Charles Boyk Law Maumee workers compensation attorney will know what arguments to present to be successful no matter the current stage of the appeals process.
Challenges with Employers, MCOs, and the Ohio BWC
After a work injury, you might face resistance from employers, Managed Care Organizations (MCOs), or the Ohio Bureau of Workers’ Compensation. They may challenge your medical treatments, question your doctor’s opinions, or create delays. In some cases, they might even hire private investigators to monitor your activities, looking for reasons to deny your claim.
Choosing a Medical Provider After a Workplace Injury
If you’ve been injured at work, you have the right to choose your own medical provider for treatment. This means you can see any doctor who is certified by the BWC. If you start with a BWC-certified doctor and wish to continue seeing them, you can do so. However, if you prefer a different BWC-certified provider, you can choose to switch. This requirement is important to note as the injured worker will be responsible for paying medical bills if the injured worker sees a doctor who isn’t certified by BWC—unless it’s an emergency or your first visit.
When you visit your medical provider, be sure to provide the following information:
- Your workers’ compensation claim number
- Your MCO information
- The conditions allowed in your claim (what has been approved for coverage)
Doctors are sometimes called the “Physician of Record” (POR) or “Treating Physician” in workers’ compensation claims. A POR is simply a doctor who is certified by BWC.
How to Find a BWC-Certified Provider
To find a BWC-certified medical provider near you, you have several options:
- Use the BWC Provider Lookup Tool on their website.
- Call BWC at 1-800-644-6292 for help.
- Contact your employer’s Managed Care Organization (MCO) for assistance.
Even if your employer recommends a specific doctor, remember that you have the right to choose any doctor who is BWC-certified.
Changing Your Medical Provider
If you want to switch doctors, you’ll need to complete a Notice to Change Physician of Record (C-23) form. Once you’ve filled out the form, your workers compensation attorney at Charles Boyk Law will send it to your MCO for processing.
If your employer is self-insured, your workers compensation attorney send the completed C-23 form directly to your employer instead.
Remember, you always have the right to choose a doctor that works best for your treatment needs, as long as they are BWC-certified.
Charles Boyk Law Stands Up for Injured Workers
Worker Injured After Falling 30 Feet From Roof Onto Concrete
Our client was on his first day on the job for a roofing contractor. He received no training and was given no safety devices. After an hour working on the roof, the roof gave way and he fell 30 feet onto a concrete floor. What resulted were extensive broken bones and 5 surgeries. He was never able to work in the construction industry again. The client retained us after googling “find the best lawyer in Toledo.” We filed a workman’s compensation claim. The employer had not paid into workman’s compensation, so it became a claim against a noncomplying employer. We filed for additional compensation for safety violations for lack of safety gear. We went to hearing on that and won the maximum 50% of benefits result. Eventually, we were able to settle his claim for a large payout from the Bureau of Workman’s Compensation after winning permanent total disability for him. Our client was able to use the settlement money to buy a business where he would not have to do any physical labor.
Nurse Performing CPR Never Works Again
Our client was a nurse in a hospital. During a “Code Blue” she was performing CPR on the patient when she tripped over a misplaced extension cord. The result was herniated discs that required several surgeries. She also suffered from post-traumatic stress disorder and eventually was diagnosed with complex pain regional syndrome. We obtained workman’s compensation benefits. Then, we obtained a safety violation settlement, temporary total compensation for several years, a permanent partial disability payment, and we won at a hearing permanent total compensation. The private employer eventually resolved the claim for a large lump sum settlement of the entire claim.
Lack of Safety Guard Results In Multiple Finger Amputation
Our client was working at a local factory on a table saw, but the table saw had defective guards on it. The result was our client losing 3 fingers on his non-dominant hand. Initially, our workers compensation attorneys obtained workers’ compensation benefits to pay for his medical care and lost wages. Then, we filed to obtained compensation specifically for the amputated fingers. In addition, we filed a violation of the safety standard claim so he could receive additional compensation. We used every area of the Ohio Law to maximize his recovery and make the best of a horrible situation.
Get the Support You Deserve with a Maumee Workers’ Compensation Attorney
Dealing with a work injury is challenging enough—navigating the complex workers’ compensation system shouldn’t make it harder. At Charles Boyk Law, our experienced attorneys are dedicated to making sure you get the benefits and support you’re entitled to, so you can focus on your recovery without added stress.
Whether you’ve been injured on the job or you’re helping a loved one through this difficult time, our team is here to guide you through every step of the process. From managing medical treatment to ensuring you receive the full financial compensation you deserve, we’re with you every step of the way.
Don’t face the workers’ compensation process alone. Reach out to Charles Boyk Law today for a free consultation and take the first step toward securing the benefits you need to heal and move forward. We’re committed to supporting you through every step of the process. Let us handle the legal complexities, so you can focus on getting better.
