FAQ About Workers Comp

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Frequently Asked Questions about Ohio Workers Compensation

I Was Injured At Work. What Should I Do?
Should I Retain An Attorney To Represent Me?
Are There Different Types Of Workers Compensation Claims?
My Claim Was Allowed. Will My Medical Bills Be Covered?
Can I Choose My Own Doctor?
Am I Eligible For Any Other Benefits If My Claim Is Allowed?
Is It True That I Could End Up In Court Over My Claim?
Are There Any Time Limits That I Should Know About?
Why Should I Contact Larrimer & Larrimer?

I Was Injured At Work. What Should I Do?
If you are injured at work, you should immediately complete and file a written accident report with your employer. You should also file a First Report of Injury with the Ohio Bureau of Workers Compensation (the Bureau) as soon as possible. The First Report of Injury form may be completed and filed by an injured worker, a treating physician or the injured worker’s employer of record.

Once the First Report of Injury form is filed, the Bureau will generate a workers compensation claim number and assign it to the case. The claim number establishes an electronic file for the injured worker. The mere fact that a claim number has been generated, however, does not assure that any benefits will be paid in connection with the claim.

Should I Retain An Attorney To Represent Me ?
The vast majority of workers compensation claims are “medical only” claims. These claims are often certified (that is, accepted) the employer and are routinely allowed by the Bureau.

Many claims, however, are contested by either the employer or the Bureau. If a workers compensation claim is contested, the Bureau will refer the matter to the Industrial Commission of Ohio for a hearing. A hearing notice will be provided to the injured worker, the employer and their authorized representatives. In some cases, a Bureau attorney will also appear on behalf of the Bureau at Industrial Commission hearings.
If an injured worker receives a hearing notice, their claim (or an issue arising under the claim) has been contested. In such cases, the injured worker may wish to retain legal counsel.

Are There Different Types Of Workers Compensation Claims?
There are two general types of claims. One involves an acute injury – in other words, a slip, trip or fall at work, an injury on a machine, etc. Another type of claim, known as an occupational disease claim, involves repetitive use injuries that occur over a period of time or exposure to substances (such as asbestos) that results in an illness. A third type of claim may also be filed for an injury that arises over a few days or weeks, even though that injury involves neither an acute traumatic event nor repetitive use or a bona fide occupational illness.

My Claim Was Allowed. Will My Medical Bills Be Covered?
Generally speaking, medical bills are payable in an allowed workers compensation claim. Prior authorization for treatment must, however, be obtained.

Some Ohio employers are self-insured. In claims involving a self-insured employer, a request for benefits must be filed first with the employer. If the employer disputes payment of medical bills or the necessity of the treatment requested, it is required to refer the matter to the Bureau and the Industrial Commission.

If the employer participates in the Bureau’s state insurance fund, requests for treatment must be submitted to the employer’s managed care organization (MCO). The MCO is responsible for determining whether the requested treatment will initially be approved or denied. Appeals from the MCO’s initial decision are eventually referred to the Bureau for further evaluation. Appeals from Bureau denials are then referred to the Industrial Commission for hearing.

Can I Choose My Own Doctor?
An injured worker has the right to choose his or her own health care provider. The worker can change his or her physician of record at any time, so long as the intent to change is filed in writing. Treatment requests and documents submitted by medical doctors (M.D.s), doctors of osteopathic medicine (D.O.s), and chiropractors (D.C.s) can all be considered in a workers compensation claim.

Am I Eligible For Any Other Benefits If My Claim Is Allowed?
If an injured worker misses more than seven days of work as a result of their injury, a request may be filed for payment of temporary total disability compensation. If the worker is temporarily and totally disabled from working for less than twelve (12) weeks, compensation is paid based upon the worker’s earnings in the week prior to the injury (or earnings in the six (6) weeks prior to the injury). If the injured worker is unable to work for more than twelve weeks, the rate of compensation is based upon the worker’s average weekly wage for the year prior to the injury.

Once a claim is allowed, and depending on the circumstances, an injured worker may also be eligible to receive other benefits. These benefits may include wage loss compensation (working or non-working), living maintenance compensation, permanent partial disability and loss of use awards, and permanent total disability compensation. An employer and an injured worker may also agree to a full and final cash settlement which, if approved, will close the claim forever.

Is It True That I Could End Up In Court Over My Claim?
Following Industrial Commission hearings, the original allowance of a claim or the allowance of an additional diagnosis may be appealed by either party to the Court of Common Pleas in the county in which the injury occurred. Such appeals generally involve attorneys representing the Ohio Attorney General, the employer of record, and the injured worker. The employer and the injured worker are responsible for retaining their own legal representation. If the parties do not agree to a settlement of the claim, a jury trial will be scheduled.

Are There Any Time Limits That I Should Know About?
There is a two (2) year statute of limitations applicable to a workers compensation claim. If the claim is not filed within two (2) years, it may be forever barred. Under no circumstances should any injured worker wait two (2) years to report an injury or file a claim.

Remember – the sooner you file your claim, the more likely you are to succeed.

Why Should I Contact Larrimer & Larrimer, LLC?
The law offices of Larrimer & Larrimer, LLC have represented injured workers for over 80 years. We do not represent employers, and we do not undertake representation on matters outside of the workers compensation and Social Security disability areas. By focusing our law practice on helping injured workers, our attorneys have all developed a high level of knowledge, skill and experience within this area of law. We are carrying on the legacy of helping Ohio’s injured workers that Richard N. Larrimer started decades ago, and we will work for your benefit.