What You Can Do to Prevent Errors in Your Workers’ Comp Claim?
The workers’ compensation application process is rife with pitfalls. In fact, an injured or ill worker would not be wrong to suspect that many of the obstacles he or she encounters exist specifically to derail applications and provide grounds for denying claims.
Partnering with an experienced and caring workers’ compensation attorney in Columbus, Ohio, will help you avoid the types of errors that leave you without needed medical care and replacement wages. At the same time, recognizing the most-common mistakes that workers’ comp applicants commit will ensure that no time or effort is wasted when problems unique to your case must be solved.
Here, we discuss the three things that trigger the largest number of workers’ comp benefits denials in Ohio. If you have additional questions, do not hesitate to call us to schedule a free consultation with an attorney who handles workers’ compensation cases throughout central Ohio. We cannot take every potential client, but we are always happy to answer questions. Call us at (614) 678-3318 or connect with us online by completing this contact form.
Understand What Counts as a Qualifying Injury or Illness
You can only receive workers’ compensation benefits if your injury or illness is
- Significantly disabling, and
- Incurred while sober and acting lawfully.
Note that the same three criteria apply to death claims submitted by the spouses or children of individuals who die in on-the-job accidents.
Each of the three basic criteria for a qualifying injury or illness can be interpreted in myriad ways, Your employer and the workers’ comp program have financial reasons to interpret them in ways that give them legally defensible reasons to deny your claim. Seeking advice and representation from a knowledgeable central Ohio workers’ comp attorney will make it possible to counter arguments that your injury or illness does not qualify you for short-term disability benefits.
File Ahead of the Statute of Limitations
The Ohio Workers’ Compensation program imposes a one-year statute of limitations on all claims. The clock starts ticking on either the day that a workplace accident occurred or the day that a disabling or deadly occupational illness was definitively diagnosed.
Speaking with a workers’ compensation lawyer as soon as possible once you believe you have a valid claim will help you avoid submitting your application past the statute of limitations. Meeting the deadline is essential because the program will automatically reject any claim that comes in even one day late.
Keep Records on Everything
Getting approval to receive workers’ comp benefits requires extensive medical evidence and, usually, proof that you have done physical or occupational therapy aimed at returning you to work. The easiest way to make sure you can submit the necessary evidence is to hold on to every piece of documentation that you receive from an emergency room, hospital, pharmacy, and therapist. Your central Ohio workers’ comp lawyer can go through all the information and select the essential information to send along with your application. Retaining all the records related to your treatment and recovery will also make pursuing an appeal easier.