WORKER'S COMPENSATION
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The law says that the selection
of a chiropractor is the patient's choice
You
cannot be required to see a doctor your employer "authorizes"
… you can see any chiropractor certified by the Ohio Bureau of
Workers' Compensation (BWC).*
Your rights and benefits under the Workers' Compensation
law are often misrepresented or misunderstood. Here are truthful
answers to the most common questions about Workers' Comp …
1. I injured myself at work. What should
I do? You should immediately report the injury to your supervisor,
and should ask to complete a written incident report. Be sure
to obtain a copy of this report for yourself. Note the names of
any witnesses. Then seek medical attention from a chiropractor
of your choice (see question #4) as early as possible. When you
do so, provide a detailed description of your job and the manner
in which you were injured
2. Should I file a Workers' Compensation claim? Why
can't I bill my private insurance? Yes, you should file a workers'
compensation claim. Your private insurance will not cover injuries
that appear to be work related. If you change jobs, your insurance
is likely to change. A new insurance carrier may not cover problems
that appear to be pre-existing. A workers' compensation claim
will remain open, however, even if you change jobs.
3. How do I file a claim? You should obtain
a First Report of Injury (FROI) form from your employer, your
chiropractor or from the Ohio Bureau of Workers' Compensation
(BWC). Fill out the sections titled "Injured Worker Info" and
"Injury/Disease/Death Info." Ask your chiropractor to complete
the "Treatment Info" section. Provide your employer with a copy
of this form. In Ohio, you must file a claim within two years
of your date of injury. It is the injured worker's responsibility
to provide the BWC with sufficient information to approve your
claim. Failure to do so will result in a denial of your claim.
You should be prepared to provide all of your medical records
and a statement from your chiropractor stating the history of
your injury, your diagnosis, a treatment plan, and most importantly,
whether your chiropractor feels that your injuries are related
to your employment. Do not make the mistake of believing that
your claims manager, the hearing officer, or your employer's attorney
will try to protect your rights. If you have questions about your
rights, you should seek the advice of an attorney who is familiar
with the workers' compensation system. Generally, workers' compensation
attorneys offer a free initial consultation and will not charge
you an attorney fee unless you receive an award under your claim.
4. My employer told me that I have to go to "their"
doctor. Is this true? Can't I see a chiropractor of my choice?
Do not allow your employer to mislead you. In Ohio, you have
the right to seek treatment from any Ohio Bureau of Workers'
Compensation (BWC) certified medical doctor or the chiropractor
of your choice.* There are limits, however, on what types of
treatment you can receive. Your workers' compensation claim
is like having medical and disability insurance only for the
conditions allowed in your BWC claim. If your chiropractor diagnoses
a condition or problem that is not included in your claim allowance,
this is a major issue that must be addressed by filing a motion.
Further, your workers' compensation claim will be medically
managed by an MCO, who may seek to contain costs in your claim
by limiting treatment. An attorney who is familiar with workers'
compensation will understand these medical and legal issues
and can assist you in getting your treatment authorized and
your bills paid.
*There is one exception to this rule. If you work
for an employer who is self-insured under the QHP program, you
are required to see their doctor for your initial visit only.
After that, you may select any BWC certified medical doctor or
chiropractor.

Workers' Compensation information on this page was
provided by Attorneys Bruce Nicholson and Shelby McMillan. Mr.
Nicholson is a partner in the firm of Hornstein, Nicholson and
Blumenthal (http://www.hnb-law.com) which specializes in Workers'
Compensation and Social Security law.