Charles E. Boyk Law Offices, LLC
If you have been injured while on the job, you may be entitled to compensation, but you must file a successful workers’ compensation claim first. In order to have a successful workers’ compensation claim under Ohio law, you first have to show that the individual was within the scope of employment. Next, you have to show that the injury occurred within the scope of the individuals’ employment. You also have to show a specific diagnosis as a result of the injury, and that the injury was proximately caused by activity during the scope of employment. It must also be shown that the employer was informed of the injury and that they had an opportunity to do a drug/alcohol test if applicable. The worker cannot have been under the influence of drugs or alcohol at the time of the injury in order to have a successful workers’ compensation claim. If you want to know more about workers’ compensation denial in Toledo and how to avoid the denial of your claim, consult a skilled workers’ compensation lawyer today.
A workers’ compensation denial in Toledo might occur because the claimant was under the influence of drugs or alcohol that were the proximate cause of the injury. The person could also have been off the clock at the time of the injury. A person could also have been on the clock but doing something outside the scope of their employment. This can occur when someone is performing a personal errand for themselves and not for their employer. These are some of the most common ways a workers’ compensation claim can be denied.
If someone’s workers’ compensation denial in Toledo to do is contact an attorney and give them all the information involved. The attorney will then be able to give their opinion on whether or not they would be able to obtain the compensation. After a denial of a workers’ compensation claim, the claimant will typically receive notice of the denial in the mail. They can then file an appeal within 14 days.
Once a person’s claim has been approved, they should make sure to follow the advice of their doctor to the best of their ability. A smart employee will continue to get treatment with the doctor on a regular basis. They will make sure that they get correct treatment and ask for referrals for further treatment. The employee will also make sure that the employer files what is called aC9 request for additional treatment. Finally, the employee will be sure that those forms get approved by the Bureau of Workers’ Compensation.
In the event of a workers’ compensation denial in Toledo, the attorney will file an appeal within the 14-day appeal period. The attorney will look at the reasons for the denial. A typical denial could just be due to a lack of proper medical documentation related to the injury. An attorney may simply need to get a report from the doctor that explains what the injury is and that the injury was proximately caused by the work. If you have been injured while at work and have had your claim denied, speak with a capable workers’ compensation lawyer that could advocate for you.