Worker’s compensation cases take many forms. Some claims stem from a single injury, others are based on injuries caused by long-term repetitive movement, and some are filed due to an illness caused by the workplace environment. Every case is unique, and each is vitally important to the affected worker. Without this protection, it is often impossible to get the medical treatment needed and meet household expenses. It is unfortunate that even the most legitimate and obvious claims are often denied and the claimant is left without the financial compensation they desperately need. All workers who are facing this scenario need to remember that help is available to them from a workers compensation lawyer in Cleveland.
Avoiding a Denial
A common reason for denial of a claim is the length of time between the injury and the report. Employers should be notified immediately and the claim must be made within a specified amount of time. Under Ohio law, this means filing within two years from the initial date of the injury or from the date the disability begins and within six months of a medical diagnosis of an illness. Additional claim denials also include the employer disputing the claim, lack of medical evidence, and paperwork errors or omissions.
Filing an Appeal
It is recommended that anyone with a claim contact a Cleveland Workers Compensation Lawyer immediately following a denial. The appeals process must be managed quickly. State law requires that all denials be appealed in writing within 14 days of receiving the denial. The denial letter will state the reason the claim was not approved. Always bring the letter when meeting with a disability compensation attorney in Cleveland, so they understand the problem and can address it directly.
Defending the Approval
In some instances, the claim is approved, but the employer decides to file an appeal in an attempt to reverse the decision. This is usually done by employers when they genuinely believe the injury or illness is not work-related, but it can also occur when the employer is trying to protect their safety rating and keep their insurance premiums low. The claimant will continue to receive payments if an appeal is filed after compensation payments begin. However, if the appeal is successful the payments will stop and the board may determine that a refund of all benefits paid out previously is required. Protection from a Cleveland workers compensation attorney is the best chance for preventing this type of outcome.
Helping the Attorney
Every claimant is responsible for helping their own case by providing their Cleveland Workers Compensation Lawyer with all of the information they need to defend their client’s case. This information includes all of the details of the injury, including the date and time it occurred, and all circumstances surrounding the incident. They should provide any medical forms or letters that describe the injury and all receipts for medication, equipment or other expenses directly related to the case. Supplying the attorney with witness names and any letters or other documents received from the employer or the worker’s compensation board are important. Contacting the attorney and providing the information in a timely manner is important to the success of the case.
A workers comp attorney in Cuyahoga Falls is someone that is knowledgeable about both the system and laws in the state of Ohio. They are experienced with the type of denials workers typically receive and the information needed to successfully represent the injured worker. A client does not need to have been denied to contact the attorney for assistance because they are equally willing to assist with any stage of the claims process. Should the injury become permanently disabling they are also able to provide the client with information about seeking additional compensation or permanent disability coverage.
Contact our firm to schedule a free consultation and discuss your case with an attorney today.