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Three Common Misconceptions About Workers' Compensation

There are many myths and misconceptions about workers’ compensation benefits and it can be hard to determine what’s real and what isn’t. If you’ve never filed a claim, the following three misconceptions may discourage you from filing a claim or speaking with an attorney. Here’s what you need to know—then call NRS if you need further assistance.

Misconception 1: You must file a claim immediately

You do not need to file a claim as soon as you’ve been injured—and failing to do so will not bar your claim. However, timing is important, and the longer you wait the harder it might be to persuade either the BWC or the Industrial Commission to allow your claim for benefits. It used to be that you’d have two years from the date of the injury (or discovery of an illness) to file a workers’ compensation claim. As of September 2017, however, injury claims must be filed within one year. There are certain exceptions for occupational diseases, death claims and areas where an employer hasn’t observed the rules.

Some employers may have policies as to when and how you should report your injury or illness. Failing to comply will not bar your workers’ compensation claim right off the bat, but it may set you up for questions about why you didn’t follow company policy. As always, an experience workers’ compensation attorney is your best resource.

Misconception 2: You shouldn’t tell your employer about your injuries

Many workers are concerned that they’ll be fired if they tell their employer about their injuries. On the contrary, you should report any injuries to your workplace immediately. Failing to report the injury is a common reason employers try to contest claims.

Be aware, if your employer does harass or fire you for reporting your injury, you will need an attorney to advocate for your rights. It is illegal to fire someone for claiming workers’ compensation, but most people are unable to fight it on their own.

Misconception 3: Your employer chooses your doctor

Finally, employees may be under the impression that they have to see a company or company-selected doctor. This is not accurate. In the case of an emergency, you should always proceed to the nearest emergency room and have your NRS attorney help you recover costs. Otherwise, visit an Ohio Bureau of Workers’ Compensation (BWC)-approved doctor. Make sure to let them know you are seeking treatment for a workers’ compensation claim, so they can file the appropriate paperwork, and bill the right insurance company.

Ultimately, working with a lawyer will help ensure your case goes smoothly. Call Nager, Romaine, & Schneiberg Co. L.P.A. today for help with your claim.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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