Workers’ Compensation Nightmares: Things to Consider When Deciding Whether to Hire an Attorney

While most Ohio employers understand the importance and virtue of their workers filing a workers’ compensation claim when they get injured at work, there are still some holdout employers who fear the workers’ compensation system and beg their employees not to file claims when they get hurt. Not filing these claims is a tragic mistake for the victim of the work injury for a number of reasons.

Common Pitfalls in Workers’ Compensation Claims

1. Insurance fraud: If an injured worker lies to his or her doctor to protect the employer, that is insurance fraud. It is unlawful in the State of Ohio to claim an injury is not the result of a work injury when it is. By getting personal insurance benefits for a work injury, the employee is committing insurance fraud which could result in serious repercussions.
2. Statute of Limitations: In the State of Ohio, workers have up to one year to file a workers’ compensation claim. Many shady employers will take advantage of this law by telling workers that their claim has been filed on their behalf when it has not. This has happened to several clients of the Hurm Law Firm. In one instance, the organization that an employer used to administer claims created a phony claim number and interacted with the injured worker as if the claim had been filed. With cases like these, suddenly a year passes, the worker cannot file their workers’ compensation claim anymore and the employer drops the worker like a bad habit. 
3. Lack of proper treatment or undertreatment: When workers follow their employer’s advice to not file a workers’ compensation claim, they are often referred to an employer-biased doctor. These doctors undertreat workers and often refuse to seek diagnostic tests for fear that it might uncover substantial injuries or damage that could cost the employer money. These doctors survive on employer referrals and employers won’t refer many cases if the doctor advocates too hard for the injured worker. It’s a broken system and one that benefits employers.

Case Study: When Employer Bias Puts Workers at Risk

The Hurm Law Firm previously worked with a client that used the employer-biased doctors office that their employer recommended. This doctor determined that injuries were minor and that the worker could return to work in three days. The Hurm Law Firm sent that same worker to an unbiased doctor and three broken bones were discovered. If not for that unbiased doctor, the worker would have returned to work in only three days and suffered incalculable nerve damage from working on three broken bones. It’s shameful, but in Ohio it happens far more often than we want to admit.

Should You Hire a Workers’ Compensation Lawyer? 

The workers’ compensation system has a number of checks and balances when operated correctly. The worker has a right to their own doctor and their own legal counsel. The worker’s doctor will advocate for the proper treatment, and the attorney will fight for that doctor’s recommendation. 

If you’re asking, “Should I get a lawyer for workers’ comp?” the right answer depends on the specifics of your case. You should consider hiring a workers’ compensation attorney if your claim has been denied, your benefits are delayed, your employer disputes your injury, or if the compensation offered doesn’t fully cover your medical bills or lost wages. An attorney can also be invaluable if you disagree with the medical advice of an employer-biased doctor. Legal representation ensures you don’t face the complexities of the system alone.

What Workers’ Comp Lawyers Do to Protect Injured Workers

When you choose to work with a lawyer, benefits of having a dedicated advocate on your side include easier navigation of the workers’ compensation claim process. An experienced workers’ compensation lawyer knows the law inside and out, handles communication with insurers and employers, and builds a strong case with medical evidence. Their expertise can maximize your benefits, reduce stress, and protect your rights during a challenging time.

Protect Your Rights with Hurm Law Firm

Do yourself a favor if you are an injured worker. Book a free consultation with a trusted and experienced workers’ compensation law firm, the Hurm Law Firm. Call (216) 860-1922. Your consultation is free, the expert advice is free and the peace of mind you’ll gain is priceless!