Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When filing a Toledo worker’s compensation claim, there are many aspects of the filing process that you will need to prepare for. 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. A hearing officer will review the facts of each claim by reviewing medical reports and listening to experienced workers’ compensation lawyers present their case.
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 could be critical to discuss tips that could help a workers’ compensation claim in Toledo with an attorney.
One of the most important tips that could help a workers’ compensation claim in Toledo is reporting their injury to their employer. It is also important to clarify that they have been injured at work. They should ask their employer to produce a written report about the incident. Whether or not the employer completes a written report, the injured person should document the date and time of the injury, how it happened, where it happened, and whether there were witnesses. It is also important to keep all receipts and hospital records.
A First Report of Injury form or, FROI in the work comp world, should be completed. Employers are meant to fill out the injury form, but if that does not happen, an attorney can help. The form is crucial because it is the only way to get a claim number on file with the Bureau of Worker’s Compensation.
Without a claim number, someone’s claim will go nowhere. A FROI should be completed as soon as possible. Generally, an injured worker has two years from the date of the injury to file a claim. Injured employees should be sure to get a claim number issued by the BWC. Once the FROI is filed, contact the BWC to get an ID claim card. Everything that happens with someone’s case will be linked to the claim number on the card.
Many people do not realize they do not have to get their injuries treated by their employer’s doctor. Injured employees can get treated by any doctor they choose as long as the doctor is certified by the BWC. If the individual’s family doctor is not BWC certified, consult a lawyer who does a lot of this work to get references for qualified doctors. People can only get compensated for the conditions that the BWC determines were caused by their workplace injury. An attorney can file a motion that seeks coverage for additional conditions related to the injury. This becomes important if the person has to file a permanent partial disability claim later. Legal representation can be necessary to relay important tips that could help a workers’ compensation claim in Toledo.
If it is done in a timely fashion, an employer can require someone to take a drug test following their workplace injury. If requested, they have to take the test in order to proceed with a claim. If the individual tests positive for drugs, their drug use will be presumed to have caused or contributed to the accident. That presumption, though, is rebuttable and so it does not always kill the case.
When seeking temporary total disability benefits, employees should ensure that their doctor files a C-84 form with the BWC so they can be compensated for lost wages. Sometimes doctors forget to do this, so it should be requested.
If an injury causes a reduction in someone’s work hours or rate of pay, individuals can file for wage differential benefits to help compensate the individual for the difference. The same concept holds true if an injury causes the individual to change employers, and working for less pay or fewer hours than the previous job.
If your employer opposes your claim or a portion of the 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. Relevant tips that could help a workers’ compensation claim in Toledo include knowing what arguments to make for a particular situation and how to portray your situation in the best light possible.
Charles E. Boyk Law Offices, LLC