Barkan Neff Handelman Meizlish

Workers Compensation

Frequently Asked Questions about Ohio Workers' Compensation

When should I contact a lawyer?
What can a lawyer do for me?
How much does it cost to hire a lawyer?
What information will my lawyer need for the appointment?
I have been injured at work. What should I do first?
My injury is only minor, should I report it to my employer?
How long after an injury do I have to file an application for benefits with the Ohio Bureau of Workers' Compensation?
When am I entitled to first collect benefits?
Do I have to see a company doctor or can I choose to see my own doctor?
My doctor is not part of my employer’s managed care organization; do I have to change doctors?
What medical bills are paid?
I am presently receiving temporary total disability. How much longer will it last?
My temporary total disability has stopped. Will payment for my medical bills be stopped as well?
I am receiving temporary total disability benefits. I just received a letter from my employer stating it has a job I can do. What do I do?
My temporary total disability benefits have stopped but my doctor says I cannot return to my former occupation. What can I do?
Someone representing my employer wants to talk to me without my attorney present. What should I do?
My employer or its representative has sent me papers to sign. What should I do?
Is it true my employer may have me watched?

If you think you may have a Workers Compensation claim anywhere in Ohio, please contact our Ohio office to arrange a free visit. We’ll ask you some questions to determine if we think you may be eligible for any personal injury compensation. Since there is no charge, it can’t hurt to find out more by visiting or calling our office today.

When should I contact a lawyer?
The sooner the better. Whether you are just applying for benefits or whether you have applied and been turned down, a lawyer can help at any step. It is important to see a lawyer early enough to allow time for hearing preparation.

What can a lawyer do for me?
A lawyer can help gather medical evidence to establish your claim, explain the workers’ compensation rules and regulations, obtain documents from the Bureau file, prepare you to testify at the hearing, question your employer’s witnesses, submit written and/or oral arguments on your behalf, make sure the Bureau of Workers’ Compensation correctly calculates and pays your benefits, and appeal any denials.

How much does it cost to hire a lawyer?
There is no charge for the first visit to our office. If we accept your case, there is no fee unless we win. If we are successful, we will charge one-third of your past-due benefits. You will be obligated to pay any expenses, such as charges for obtaining medical records, regardless of the outcome of your case.

What information will my lawyer need for the appointment?
When you go to the first meeting with the lawyer, be sure to bring your entire worker’s compensation forms. If you have medical records in your possession, bring them too. We will also need the names and addresses of the doctors who are treating you and any hospitals where you have been admitted. We will also need your employment history for the past 15 years - where and when you worked and each job title and description. We will also need the names and dosages of your medications.

I have been injured at work. What should I do first?
If you do not have a life-threatening injury or you do not need immediate medical attention, the first step you should take is to immediately report your injury to a supervisor or foreman. Different employers have different policies about reporting injuries, but the Workers’ Compensation Act does not require any specific type of notice be given to your employer at the time of your injury. However, reporting your injury or making some documentation of the injury when it occurs will go a long way to helping you be successful in obtaining benefits.

We recommend you follow your employer’s specific policy regarding reporting. If your employer makes accident report forms available, it is in your best interest to report the injury when it occurs, if your injury permits. If your employer does not have accident reports or any formal way to document your injury, tell someone in authority about your accident. Then go to your doctor as soon as possible. While at the doctor’s office tell the doctor about your injury and make sure it is documented in the office records. The office record is an acceptable way of documenting an injury when no accident reports are available.

Please remember that reporting an injury to your employer does not automatically mean that your claim is filed with the Ohio Bureau of Workers’ Compensation. Under the statute it is the injured workers’ responsibility to file an application with Bureau of Workers’ Compensation within two years of the date of injury. If you are injured, you should seek legal assistance as soon as possible.

My injury is only minor, should I report it to my employer?
Yes. You should report any injury, even if it seems like a minor injury at the time. What seems like a minor injury today could have serious complications in the future. Delay in notifying your employer will cause your employer to question whether you had the injury at the time you said you did. Again, please remember that you only have two years to file for an injury from the date it occurs.

The best rule to follow is: Report any injury, no matter how minor it may seem at the time. If you require treatment, you should file a claim with the Ohio Bureau of Workers’ Compensation.

How long after an injury do I have to file an application for benefits with the Ohio Bureau of Workers’ Compensation?
This topic has already been discussed; however, it is such an important topic that it bears repeating. The Workers’ Compensation Act requires that an injured worker place the Bureau of Workers’ Compensation on notice of an injury within two years of the injury date. If you file this notice late, even by a day, you may be unable to obtain a Workers’ Compensation claim recognized for that injury.

Although any form of written notice will serve to place the Bureau of Workers’ Compensation on notice, Barkan Neff Handelman Meizlish recommends using the proper Bureau form. This will avoid any unnecessary delays in the processing of your claim. Whatever form you choose to use to notify the Bureau of your injury, remember to file an application with the Bureau within two years. Even if your employer says it will file an application for you, it would be in your best interest to make certain that an application is filed. If you have questions regarding the status of your application, you should contact your attorney.

When am I entitled to first collect benefits?
You are entitled to lost time benefits commencing on the eighth day you miss work, but not for the first seven (7) days unless you are off work more than fourteen (14) days. These do not have to be consecutive days of absence. Weekends and holidays count as days off if you were off the day before the weekend days and holidays and did not receive earned wages for those days. You are entitled to payment for the first seven days when you are off more than fourteen (14) total days.

Do I have to see a company doctor or can I choose to see my own doctor?
The Workers’ Compensation Act provides an injured worker with a free choice of treating doctor. However, your doctor must be a Certified Provider with the Bureau of Workers’ Compensation. You may see any doctor you wish for treatment; however, only one doctor will be recognized by your employers’ managed care organization for payment at any one time. You may feel free to switch doctors during your treatment but you must first notify the Bureau, your employer’s managed care organization and/or your employer if it is self-insured.

My doctor is not part of my employer’s managed care organization; do I have to change doctors?
No. If your doctor is a Certified Provider with the Bureau then you can treat with your doctor whether they are part of your employer’s managed care organization or not. The managed care organization must accept your doctor. The managed care organization will handle the payment of medical bills but it will not affect your treating with that doctor.

What medical bills are paid?
All medical bills and expenses that are reasonable and necessary for the treatment and diagnosis of a recognized industrial injury will be paid. You are entitled to reimbursement for any medical expenses that you pay, such as prescription expenses that are related to a recognized industrial injury. All bills must be submitted to your employer’s managed care organization. In many instances, prior authorization is needed before treatment can be rendered.

I am presently receiving temporary total disability. How much longer will it last?
Your benefits will last while your treating physician certifies that your injury renders you temporarily and totally disabled from doing your former occupation. Your benefits will be terminated if you return to your former job, engage in any other type of work, or refuse a bona fide job offer from your employer (discussed in question 10). If your treating physician finds you can return to work or that your injury is now permanent your benefits will be terminated. Your benefits cannot be terminated without a hearing if your treating doctor continues to certify that you cannot return to your former occupation.

Your benefits cannot be terminated without a hearing based on an examination by your employer’s or the Bureau of Workers’ Compensation doctor. This is true even if your employer is self-insured. Once you are notified your checks are stopped you should immediately contact your attorney.

My temporary total disability has stopped. Will payment for my medical bills be stopped as well?
No. Once you have an allowed claim for a recognized injury your medical bills will be paid for that injury. Your medical benefits are independent of your monetary benefits. An employer, or your employer’s representative can file a request to have a review of medical bills to decide whether the medical bills are unreasonable or unnecessary. A hearing will be held to decide whether the medical bills or future treatments are unreasonable or unnecessary. You and your testing physician have the right to respond regarding this issue. Your employer’s managed care organization can question your current treatment; however, you can present your case at a hearing before the Industrial Commission. If you or your treating doctor submits a request for treatment or payment of medical bills that is denied; contact your attorney immediately.

I am receiving temporary total disability benefits. I just received a letter from my employer stating it has a job I can do. What do I do?
Refusing a written bona fide job offer is a ground for stopping temporary total disability benefits immediately without a hearing. You should immediately contact your attorney to discuss a letter requesting that you return to work. Your employer can call you to offer the job and follow-up the conversation with a written job offer. These requests generally give a small amount of time to respond so you should do something about the letter as soon as possible.

An employer can only stop your benefits if the job actually falls within your physical or mental restrictions caused by the industrial injury. Again, because of the many different circumstances that come into play, you should contact your attorney to discuss your particular situation.

My temporary total disability benefits have stopped but my doctor says I cannot return to my former occupation. What can I do?
There are three different phases of monetary benefits that you may be entitled to once your temporary total disability is stopped. All three benefits are dependent upon the medical facts of your case. Once your benefits have stopped, you should immediately contact your attorney.

Someone representing my employer wants to talk to me without my attorney present. What should I do?
Unless your attorney has advised you otherwise, it is our advice that you not speak to anyone about your case directly. It has been our experience that employers and their representatives often take statements made to them and attempt to use them against an injured worker in litigation.

This rule should also extend to your doctor as well. Clients of Barkan Neff Handelman Meizlish are told by their attorneys to ask their doctors not to talk directly with their employer or its representative. Your doctor’s statements or the statements of his or her staff are very often written down by employers or its representatives and are used against injured workers in litigation. We recommend that neither you nor your doctor talk directly with the employer or its representative. Tell the person talking with you to write their inquiry in a letter and send a copy to your attorney or have them call your attorney directly.

My employer or its representative has sent me papers to sign. What should I do?
You should never sign any papers sent directly to you by your employer or its representative. You should discuss the papers with your attorney to determine whether they should be signed.

Is it true my employer may have me watched?
Yes. It is not unusual for employers to place claimants who are receiving benefits under surveillance. This practice is legal. This may include sending investigators through your neighborhood to talk to neighbors and/or relatives about your activities. These investigators may also attempt to watch, photograph and/or videotape your activities. These investigators are attempting to detect whether you are doing physical activities that exceed the limitations your doctor has been placed on you. They can also be trying to detect if you are engaging in work while collecting monetary benefits. A good rule is to stay within your doctor’s limitations and not engage in work of any type while collecting monetary benefits. If you follow this simple rule, you do not have to be concerned.

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