15 Common Questions About Work Injuries
You have the right to chiropractic care for work injuries
Ohio has a special system called the Bureau of Workers' Compensation to oversee work injuries. This system can be complex, but you can find answers below to common questions.
1. What is Workers' Compensation?
Every year millions of workers are injured on the job. Workers' Compensation is a set of laws that mandate how much benefit a worker will receive to compensate for a workplace injury. The laws vary from state to state. Most states require businesses with employees to have Workers' Comp insurance in the event of injury. Thus, filing for Workers' Compensation is similar to filing an insurance claim. An injured worker is not suing his or her employer when filing a claim. The worker is claiming benefits. Death benefits may also be available to the spouse, dependents, and, in some cases, the estate of an employee who dies on the job.
2. What steps should I take if I'm injured while working?
The first thing you should do is immediately report work injuries to your employer. Your employer should give you some forms to begin the process of filing for Workers' Compensation. You will be asked to describe the circumstances surrounding your injury.
Seek medical attention immediately. If your employer does not direct you to a medical provider you should proceed on your own as soon as possible. Remember, an Ohio worker can always choose his or her own doctor.
If you would prefer to have legal assistance throughout the course of your Workers' Compensation claim, or if your claim is taking too long to process or has been denied, you may consider hiring an attorney experienced in the specialized law of Workers' Compensation to help you understand and protect your rights.
3. How do I know if I qualify for Workers' Compensation?
If you are injured while working you most likely qualify for Workers' Compensation benefits. However, there is no guarantee that you will receive Workers' Compensation. If you are hurt while intoxicated, or if you intentionally injure yourself, your claim may be denied.
4. Can I choose my doctor for work injuries?
Yes. In Ohio you have the right to choose your physician for work injuries (Chiropractic, Osteopathic, or Medical).
5. Do I need an attorney?
Maybe. Some minor injuries without any complications heal quickly and the necessary care is usually approved. However, some injuries can be more serious or complicated and turn into chronic problems that may be inappropriately denied by the employer or Workers' Compensation Managed Care Organization. In these cases, an attorney can help make sure the necessary care is approved.
6. What kinds of work injuries are covered by Workers' Compensation?
Almost any kind of injury caused while working can be claimed. An injury or condition that existed prior to your employment can be claimed if it has been aggravated or worsened while performing work-related activities. Common work injuries include back injury, neck injury, knee injury, carpal tunnel syndrome or other injuries related to repetitive trauma, disfigurement, and other problems.
7. Do I have to be injured at my place of employment to qualify?
No. As long is work injuries are in some way related to your job they should be covered by Workers' Compensation. For instance, you should be covered if you were injured while traveling for business, running an errand for your place of employment, or even if you were injured at a job-related social event.
8. What if my employer tells me not to file a Workers' Compensation claim or threatens to fire me?
This is against the law. A company cannot retaliate against an employee for filing for Workers' Compensation. You should contact your local Workers' Compensation office. If you and your employer continue to disagree about your claim, you have the right to a hearing to resolve the dispute. It's a good idea to be represented by an attorney at this hearing.
9. What if I file a claim for my injury and my employer retaliates against me?
In Ohio it is illegal for an employer to retaliate or discriminate against an employee that files a claim for a work injury. Most employers want you to receive the appropriate care and will work with your doctor to help you temporarily perform light duty if you need work restrictions. Any retaliation or discrimination should be reported to your attorney or Workers' Compensation office.
10. What if I get better but my work injuries do not completely resolve?
There are cases that respond well and improve with care, but the worker continues to note some ongoing pain or inability to perform specific tasks as a result of the work injury. Ohio regulations state that injured workers have the right to receive supportive care for ongoing painful complaints and activity limitations related to work injuries. This may include an occasional visit to the chiropractor or medication.
11. What if my claim is denied?
Claims are frequently denied by reviewers even when your doctor has documented that your care is medically necessary. That is why it is important to choose a doctor that is familiar with work injuries and knows how to document your case. Your doctor should provide the appropriate reports and documentation so that any denials will be reversed and you receive the appropriate care. Do not accept a denial of care that is medically necessary.
12. Should I wait to see if my work injury gets better on its own?
No. Patients commonly wait before reporting an injury to their employer or seeking a doctor for care. At the very least, make sure you have reported the injury to your employer as soon as possible. Some employers even require you to report all injuries within 24 hours or you could be fired. Additionally, the longer you wait to have your injury evaluated and treated, the more likely it is to become a chronic problem causing ongoing painful complaints.
13. How should I choose a doctor?
You may want to ask a friend or family member who has had to seek treatment for a difficult work injury. Some doctors don't treat work injuries and may mistakenly bill your insurance. Others are not familiar with work injuries or do not perform the necessary paperwork (documentation, writing reports.etc) to have your care approved, and may recommend you settle your case when you continue to experience ongoing painful complaints. The doctors at McMichael Chiropractic spend the necessary time and do the work to make sure you receive the care that you need. Additionally, chiropractic care has been found to be more effective than medical care for many work injuries.
14. If I had pain before my work injury, does that mean I can't file a claim?
No. If you experienced an injury at work caused by your work duties, and it significantly increased your pain or caused disability, you have the right to file a claim. Ohio regulations require your employer to take you "as is". You may already have problems, but if they are significantly worse after a work injury, you have the right to have you care covered through the Workers' Compensation system. Furthermore, pre-existing problems serve to complicate your condition and make it more likely to be injured at work. It is important to seek a doctor that understands this.
15. What do I do if my job aggravates my injury again?
Work duties can aggravate work injuries that had been feeling better. It is important to tell you doctor so that you can be evaluated after any aggravations at work. Treatment guidelines recognize that these aggravations can serve to delay and extend healing time, requiring further care.
Doctors at McMichael Chiropractic have been treating injured workers in Canton and the surrounding area for over 35 years. We enjoy helping these patients improve their health and return to work. It is important to find a doctor who is able to help you AND do the necessary work to make sure your claim is appropriately approved. You have the right to choose your doctor and receive appropriate care to resolve your work injuries.
1. What is Workers' Compensation?
Every year millions of workers are injured on the job. Workers' Compensation is a set of laws that mandate how much benefit a worker will receive to compensate for a workplace injury. The laws vary from state to state. Most states require businesses with employees to have Workers' Comp insurance in the event of injury. Thus, filing for Workers' Compensation is similar to filing an insurance claim. An injured worker is not suing his or her employer when filing a claim. The worker is claiming benefits. Death benefits may also be available to the spouse, dependents, and, in some cases, the estate of an employee who dies on the job.
2. What steps should I take if I'm injured while working?
The first thing you should do is immediately report work injuries to your employer. Your employer should give you some forms to begin the process of filing for Workers' Compensation. You will be asked to describe the circumstances surrounding your injury.
Seek medical attention immediately. If your employer does not direct you to a medical provider you should proceed on your own as soon as possible. Remember, an Ohio worker can always choose his or her own doctor.
If you would prefer to have legal assistance throughout the course of your Workers' Compensation claim, or if your claim is taking too long to process or has been denied, you may consider hiring an attorney experienced in the specialized law of Workers' Compensation to help you understand and protect your rights.
3. How do I know if I qualify for Workers' Compensation?
If you are injured while working you most likely qualify for Workers' Compensation benefits. However, there is no guarantee that you will receive Workers' Compensation. If you are hurt while intoxicated, or if you intentionally injure yourself, your claim may be denied.
4. Can I choose my doctor for work injuries?
Yes. In Ohio you have the right to choose your physician for work injuries (Chiropractic, Osteopathic, or Medical).
5. Do I need an attorney?
Maybe. Some minor injuries without any complications heal quickly and the necessary care is usually approved. However, some injuries can be more serious or complicated and turn into chronic problems that may be inappropriately denied by the employer or Workers' Compensation Managed Care Organization. In these cases, an attorney can help make sure the necessary care is approved.
6. What kinds of work injuries are covered by Workers' Compensation?
Almost any kind of injury caused while working can be claimed. An injury or condition that existed prior to your employment can be claimed if it has been aggravated or worsened while performing work-related activities. Common work injuries include back injury, neck injury, knee injury, carpal tunnel syndrome or other injuries related to repetitive trauma, disfigurement, and other problems.
7. Do I have to be injured at my place of employment to qualify?
No. As long is work injuries are in some way related to your job they should be covered by Workers' Compensation. For instance, you should be covered if you were injured while traveling for business, running an errand for your place of employment, or even if you were injured at a job-related social event.
8. What if my employer tells me not to file a Workers' Compensation claim or threatens to fire me?
This is against the law. A company cannot retaliate against an employee for filing for Workers' Compensation. You should contact your local Workers' Compensation office. If you and your employer continue to disagree about your claim, you have the right to a hearing to resolve the dispute. It's a good idea to be represented by an attorney at this hearing.
9. What if I file a claim for my injury and my employer retaliates against me?
In Ohio it is illegal for an employer to retaliate or discriminate against an employee that files a claim for a work injury. Most employers want you to receive the appropriate care and will work with your doctor to help you temporarily perform light duty if you need work restrictions. Any retaliation or discrimination should be reported to your attorney or Workers' Compensation office.
10. What if I get better but my work injuries do not completely resolve?
There are cases that respond well and improve with care, but the worker continues to note some ongoing pain or inability to perform specific tasks as a result of the work injury. Ohio regulations state that injured workers have the right to receive supportive care for ongoing painful complaints and activity limitations related to work injuries. This may include an occasional visit to the chiropractor or medication.
11. What if my claim is denied?
Claims are frequently denied by reviewers even when your doctor has documented that your care is medically necessary. That is why it is important to choose a doctor that is familiar with work injuries and knows how to document your case. Your doctor should provide the appropriate reports and documentation so that any denials will be reversed and you receive the appropriate care. Do not accept a denial of care that is medically necessary.
12. Should I wait to see if my work injury gets better on its own?
No. Patients commonly wait before reporting an injury to their employer or seeking a doctor for care. At the very least, make sure you have reported the injury to your employer as soon as possible. Some employers even require you to report all injuries within 24 hours or you could be fired. Additionally, the longer you wait to have your injury evaluated and treated, the more likely it is to become a chronic problem causing ongoing painful complaints.
13. How should I choose a doctor?
You may want to ask a friend or family member who has had to seek treatment for a difficult work injury. Some doctors don't treat work injuries and may mistakenly bill your insurance. Others are not familiar with work injuries or do not perform the necessary paperwork (documentation, writing reports.etc) to have your care approved, and may recommend you settle your case when you continue to experience ongoing painful complaints. The doctors at McMichael Chiropractic spend the necessary time and do the work to make sure you receive the care that you need. Additionally, chiropractic care has been found to be more effective than medical care for many work injuries.
14. If I had pain before my work injury, does that mean I can't file a claim?
No. If you experienced an injury at work caused by your work duties, and it significantly increased your pain or caused disability, you have the right to file a claim. Ohio regulations require your employer to take you "as is". You may already have problems, but if they are significantly worse after a work injury, you have the right to have you care covered through the Workers' Compensation system. Furthermore, pre-existing problems serve to complicate your condition and make it more likely to be injured at work. It is important to seek a doctor that understands this.
15. What do I do if my job aggravates my injury again?
Work duties can aggravate work injuries that had been feeling better. It is important to tell you doctor so that you can be evaluated after any aggravations at work. Treatment guidelines recognize that these aggravations can serve to delay and extend healing time, requiring further care.
Doctors at McMichael Chiropractic have been treating injured workers in Canton and the surrounding area for over 35 years. We enjoy helping these patients improve their health and return to work. It is important to find a doctor who is able to help you AND do the necessary work to make sure your claim is appropriately approved. You have the right to choose your doctor and receive appropriate care to resolve your work injuries.
