A work injury is stressful enough. Making avoidable errors during the claims process can cost you the benefits you need to recover.
Failing to report your injury on time
Ohio law gives most injured workers one year from the date of injury to file a claim under Ohio Revised Code § 4123.84. For occupational diseases, R.C. § 4123.85 extends that window to two years from diagnosis. Even so, you should report your injury to your employer in writing as soon as possible. Delays can make your injury appear less serious than it is.
Not listing every injured body part
Only report your most obvious injury and you may lose coverage for related conditions that develop later. Mention every body part that hurts during your initial report, even if the pain feels minor. Secondary injuries are harder to add to a claim after the fact.
Skipping or delaying medical care
Gaps in treatment raise doubts about the severity of your injury. Seek medical attention the same day if possible. When you see your doctor, describe exactly how the workplace incident happened. Then follow every part of your treatment plan. Missing appointments or returning to work before your doctor clears you can be used against you.
Talking to the third-party administrator without counsel
Your employer’s Third Party Administrator (TPA) or Managed Care Organization (MCO) represents the employer’s interests, not yours. Avoid giving statements beyond the basic facts of your injury. If you must speak with them, limit your comments to:
- Date and location: When and where the injury occurred.
- Body parts affected: Which areas were injured.
- Witnesses present: Anyone who saw the incident.
Do not comment on your emotional state, past injuries or your expected return-to-work timeline.
Signing documents or accepting settlements too quickly
Once you sign a settlement agreement, your claim is typically closed for good. Review any document with an attorney before signing. Low initial offers are common, and you may qualify for more than you realize.
You may talk to an attorney before your next step
Ohio workers’ compensation rules are technical and the deadlines are strict. An attorney can help you understand your options before you take any action that affects your claim. Speaking with a workers’ compensation lawyer may clarify how these rules apply to your specific situation.