More Than A
Law Firm

Photo of attorneys - Michael J. Duber and Brandon T. Duber

5 misconceptions about workers’ compensation

Oct 19, 2022 |

A lot of people who are injured at work think that they’re automatically compensated for their losses, which can include medical expenses and lost wages. But the process can be quite complicated. That’s why a lot of workers’ compensation claims actually end up denied, with claimants having to appeal their denial in hopes of recovering the compensation that they need.

If you want to maximize your chances of succeeding on your workers’ compensation claim, then you need to have a realistic expectation of the process. To help you with that, let’s look at five of the most common misconceptions about pursuing a workers’ compensation claim:

  1. You can’t choose your doctor: If you’ve been injured and are seeking care, then you might think that you have to be treated by the doctor that your employer and its insurance company identifies. But this isn’t the case. Under Ohio law, you can choose your medical provider so long as he or she is certified by the Ohio Bureau of Workers’ Compensation. Even if you initially see the doctor recommended by your employer, you have the right to change providers to one of your choosing.
  2. You aren’t covered under workers’ compensation: With only a few exceptions, Ohio law requires employees to be covered under an employer’s workers’ compensation policy. So, the chances are pretty high that if you were injured on the job, then you should receive money for the harm caused to you. Of course, you may be denied benefits if you were engaging in horseplay when you were injured or otherwise weren’t performing your job duties.
  3. An initial denial is the end of the road: As we mentioned above, a lot of initial workers’ compensation claims are denied. If that happens to you, you shouldn’t give up. You have appellate avenues available to you that, with sound legal arguing, may result in recovering the benefits that you need.
  4. You’re better off pursuing your claim without an attorney: A lot of people erroneously think that the workers’ compensation process is easy to navigate. They’re also worried about the costs of securing legal assistance. But foregoing legal representation could put your claim at risk of denial since you won’t know the nuances of the workers’ compensation laws and how to navigate them to your advantage.
  5. You’ll be punished for pursuing workers’ compensation: A lot of injured workers think that they’ll be retaliated against if they pursue a workers’ compensation claim. Some even fear being fired. But you have protections as a worker, including protections from being illegally retaliated against by your employer.

Know how to aggressively pursue your workers’ compensation claim

There’s a lot at stake when you’ve been injured on the job and you’re pursuing a workers’ compensation claim. So much so that you can’t afford to mishandle your case. With that in mind, you might find comfort in securing assistance from a legal professional.