Once you suffer a work injury, you will hear misinformation from friends, relatives, employers, co-workers, the Ohio BWC, and the people representing your employer. These myths cost injured workers thousands of dollars and sometimes their entire claims. Here are the most dangerous ones — with the real facts.
8 workers’ comp myths that can destroy your claim
“You have to miss work to be eligible for Workers’ Compensation.”
You do not have to miss any time from work to file a claim for Ohio workers’ compensation benefits. You are entitled to injury money awards and medical care even if you never missed a single day of work. A work injury that permanently impairs your body entitles you to a PPD award regardless of lost time.
“Your employer is sympathetic to your work injury and will help you.”
Many employers, upon hearing about a work injury, immediately take measures to shut down your claim and limit your rights to money awards and medical benefits. The benefits you seek increase your employer’s workers’ compensation insurance premiums. Once injured, your employer’s interests and your interests are directly in conflict.
“The company doctor will give you all the medical care you need.”
In many instances, the occupational health clinic or "company doctor" has a contractual relationship with your employer. Their job is to get you back to work as quickly as possible — whether you are actually ready or not. You have the right to choose your own BWC-certified doctor after the initial visit. Use it.
“The BWC’s ‘independent’ doctor will give a fair, objective opinion.”
The "independent" doctor is paid by the BWC or your employer. Most of the time, their report will recommend denial of claim conditions, termination of TTD, low PPD percentages, and denial of medical treatment. An unfavorable IME opinion must be challenged with a rebuttal report from your own treating physician — this usually requires a hearing at the Industrial Commission.
“Workers’ compensation is a simple, cut-and-dried system.”
Absolutely not. The BWC will not tell you about all of the money benefits and medical care you can receive. They won’t tell you about flow-through injuries to other body parts, depression overlays, aggravation of pre-existing conditions, or how to get your AWW set correctly. There is far more to Ohio workers’ compensation than a cookie-cutter approach — that is precisely why you need a specialist attorney.
“Your assigned claims worker will look out for your interests.”
Your assigned claims representative is paid by the Ohio BWC. If you work for a self-insured employer, the claims representative is paid by your employer. They are not on your side. They cannot tell you what you should do because that would be a conflict of interest — and they cannot tell you about all of your benefits because that would be the unauthorized practice of law.
“Pre-existing conditions mean you can’t get workers’ comp.”
Just because a worker has a pre-existing condition does not mean he or she is not entitled to workers’ compensation benefits. Under Ohio law (R.C. 4123.01(C)(5)), an injured worker may receive workers’ compensation when a workplace incident is a substantial aggravation of a pre-existing condition — such as arthritis, degenerative disc disease, or degenerative joint disease of the knee, shoulder, hip, back, or neck.
“You don’t need an attorney for a workers’ compensation claim.”
One of the most common and costly myths. Injured workers who are represented by an Ohio workers’ compensation attorney consistently obtain more net dollars than those who go it alone. When you are told you don’t need a lawyer, look at who is giving you that advice and figure out what they stand to gain. The BWC, your employer, and their representatives all benefit when you are unrepresented.
“An uninformed injured worker is an under compensated injured worker.”
— Mike Gruhin, OSBA Board Certified Ohio BWC Specialist 1999–2030