Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Most employees are covered under workers’ compensation law for their injuries. Individuals that work under the direction of a private employer on either an hourly or a salary basis are considered employees. An experienced employee benefits attorney could help you begin filing workers compensation claims in Toledo if you are interested in compensation for the harm you have suffered.
If an employee is injured while at work, they should seek treatment at a medical facility. At the medical a facility they will fill out a one-page document called an “FROI,” or first report of the injury. The medical facility will file that FROI with the Bureau of Workers’ Compensation. The injured employee will then receive a claim number in the mail within the next two or three days.
Before filing workers compensation claims in Toledo, the injured party should immediately report the injury to their employer to get the incident in writing. Next, they should collect names and phone numbers of any potential witnesses. After that the worker should seek any necessary medical attention. Once these steps have been completed, it is time to contact an attorney to explain the circumstances surrounding their injury.
The attorney may also be able to help find a more sympathetic doctor than the doctor that will be assigned by the employer. Many of these doctors rely on referrals from the employer for a significant amount of their business. An attorney can help the employee find a doctor whose ultimate goal is do what is in the best interests of the employee, rather than the employer.
The employee is supposed to be alerted by their employer of the right to file for workers’ compensation in Toledo, however that does not always happen. Representatives of medical facilities are also supposed to alert individuals who come in with work-related injuries of their ability to file for workers’ compensation as well. An injured worker should be sure to seek out an attorney. About 25 percent of workers are not notified by the medical facility or their employer of their ability to file for workers’ compensation.
The employee needs to make sure they will out the FROI, or the first report of the injury. They should make sure that FROI gets filed with the Bureau of Workers’ Compensation and that he or she obtains a claim number. An employee needs to remain truthful and honest throughout the entire process. They should avoid ever misleading their doctors or employers, and be thorough and accurate with all dates and times.
The best way to prevent being taken advantage of would be to notify their employer and file the FROI immediately after suffering an injury. The next thing they should do is talk to an attorney who specializes in workers’ compensation claims. The attorney will help significantly with knowing how to best protect the employee’s rights.
If an employee is unable to return to their original job, an employer may assign them to a lighter duty position that complies with their new job restrictions. If the employer offers the employee a lighter duty position that complies with these restrictions, the employee needs to work that job. If the employer does not offer the employee a light duty replacement, the employee can continue on temporary total compensation.
If the employee cannot return to gainful employment after filing workers compensation claims in Toledo, they can participate in something called vocational rehabilitation. While in this program, a person can continue to receive workers’ compensation benefits while working with the Bureau of Workers’ Compensation to come up with an individualized program specific to that employee. The Bureau attempts to work with the employee to retrain them so they can potentially enter the workforce at a new job that meets their physical restrictions.
Charles E. Boyk Law Offices, LLC