Yesterday, I received a call from a prospective client regarding a workers’ compensation claim. This injured worker stated that the employer stated that it did not have any BWC coverage, so a claim should not be made.
Read the rest of this entry »
© 2009, Gruhin & Gruhin Attorney's. All rights reserved.
Many employers refuse to settle workers’ compensation claims while the claim is in their experience rating period. That rating period for most state fund employers is 5 years. After the 5 year period, any settlement, no matter what the amount, is not charged to the employer’s risk. How do you calculate the end of the 5 year period?
© 2009, Gruhin & Gruhin Attorney's. All rights reserved.
Self-insured claim overview – what injured workers should know (as published on the OhioBWC Website)QUOTE ”As an employee of a self-insuring employer, we want to help you understand the claims process.
Claim number assignment – Injuries resulting in seven or fewer calendar days of disability do not need a BWC claim number unless the employer denies the claim.” ENDQUOTE
WRONG WRONG WRONG - If you do not file your claim with the OhioBWC, you do not get a claim number. Without a claim number, your injury does not exist as far as the OhioBWC is concerned. If you do not file your claim application (FROI-1)with the OhioBWC within the statutory mandated time limit (Statute of Limitations) you will be precluded from filing your claim. You will not obtain the injury award for the damage done to your body.
YOU DO NOT HAVE TO LOSE 7 DAYS OF WORK TO BE ENTITLED TO YOUR INJURY MONEY AWARD AND MEDICAL BENEFITS! Don’t be misled!
ALSO, your claim will NOT be delayed if you file your injury application with the BWC. That starts the statutory process. You can also give your self-insured employer a copy of the BWC claim application (FROI-1). But, if, for whatever reason you do not want to obtain legal representation, make sure you file the form with the OhioBWC as soon as possible. You can fax the form to the BWC 1-877-520-OHIO (6446) or you can bring it to the BWC office nearest to your home or work.
Many times, our clients say “But the BWC CSS told us that we should do it this way, not the way you are doing it”. Based on the above, would you bet your claim on a BWC employed CSS or on your attorney, who is working for you, and who is trained in the law and the BWC procedures?
Remember, your lawyer only gets paid if he/she obtains an award benefit on your behalf. The CSS, employer by the BWC, has the BWC’s interests in mind – saving money on claim payouts.
If you don’t already have a board certified specialist attorney representing you in your BWC claim, GET ONE. Remember, the BWC has it’s lawyers (to protect it and save it from paying out money) and the Employer has its lawyers (to fight claims to keep their premium payments as low as possible). So, who is representing you?
For help, care, & protection, Call Gruhin & Gruhin (800) 861-5555.
© 2009, Gruhin & Gruhin Attorney's. All rights reserved.