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Gibson Law Offices Gibson Law Offices Gibson Law Offices
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Always tell the BWC and your attorney of any change of address/phone number. In many cases, workers are eligible for certain types of benefits during certain points in time during the life of a claim. Some times it can be several weeks, or even months before anything can be done on your claim. Most law firms (including ours) have a “master calendar” which tells when certain benefits are due for certain clients, and the attorney will be in touch when you are eligible. However if you move, you need to tell your attorney so he can get a hold of you when you become eligible for further benefits. If your attorney can not get a hold of you, your eligibility for certain benefits, or even a settlement of your claim may pass you by. Workers’ comp claims do have a “shelf-life” and claims do expire under the statute of limitations if there is no activity after a certain period of time. Your lawyer needs to be able to get a hold of you so this never becomes a problem. Keep in touch periodically, and always make sure they have your current address and phone number. If you move, tell us! Bring the examination notice with you when you are evaluated. Many workers must be evaluated by a doctor in the employ of the BWC or employer in a claim. This is not an unusual occurrence. The law requires the injured worker to be notified in writing of the medical examination, and reasonable advanced notice must be given (not the next day). This notice is in the form of a letter setting forth the date, time and place of the examination. The letter will often provide directions to the doctor’s office as well. BRING THIS LETTER WITH YOU WHEN YOU GO TO THE MEDICAL EXAMINATION. It will not only help you with directions, and remind you of the time/date of the exam, but it will also prove that you are required to be at the doctor’s office at the time. In many instances, the doctor’s office is not notified that you are coming, or there is a “screw-up” in the schedule. Perhaps the exam was cancelled, and they forgot to tell you. Or, you are simply in the wrong building, or the wrong office suite. If you go to the front counter to check-in, and the staff does not have you on their schedule, you can present the letter to them to confirm that you are in the right place (and to show that you are not crazy!). Remember that there are hundreds of these examinations scheduled across the state every week. A schedule mix-up happens enough times to make it well-worth it to bring the examination notice with you. So whether it is an examination set-up by the BWC or your employer, bring the notice with you. Bring the hearing notice with you when you go to an Industrial Commission hearing. See the above discussion concerning medical examinations. The same logic applies to Industrial Commission hearings. The I.C. also makes a mistake now and then, and may cancel a hearing without notifying you beforehand. They may have you completely removed from the list of hearings to be conducted that day, and no one may know why you are there. Having your hearing notice will provide the staff with your claim number, and a confirmation that you are supposed to be there that day. If there is a mix-up in the schedule, the staff can usually fix it, or at least tell you what is going on. Never give originals to the BWC. In almost every claim, the claimant or employer are required to provide some documentation in support of an element of the claim. Whether it is to prove wages, or bring a “doctor’s note” showing you are unable to work (like in gym class when you were in school) the BWC will require you to provide paperwork and documentation at some point. Many workers must bring pay-check stubs, a birth certificate, social security card, or some other item to the BWC in support of a claim. NEVER GIVE YOUR ORIGINAL DOCUMENT TO THE BWC FOR FILING IN YOUR CASE. When the BWC receives in any document, whether it’s a pay-stub, doctor’s report, or birth certificate, they will “image” the item. They will run it through a fax-machine-looking contraption much like a copier which will make an image of the document in the BWC’s computer. This image becomes part of the electronic entity that is your file. The BWC is a “paperless” system now, and they do not have file folders on people any more. When someone needs it, the BWC (or Industrial Commission) will “print-off” a copy. What happens to the original that you gave the BWC? It is discarded. That is, it is thrown away. So if you give an original document to the BWC, you WON’T get it back, and in fact, it is not retained in some file folder for you to retrieve at a later date. It is tossed out. So whenever you need to file some paperwork with the BWC, always make a good, clean, legible copy of your item and give the BWC the copy. Never give them your original document. You won’t get it back, and it will be destroyed. Local service offices will often make a copy of your item for you upon request. But not all the folks at the front counter are willing to do this. It's best to have a copy for the BWC, and have them “date-stamp” your copy so you can prove that you filed it with the government. Always get their name. Whenever you talk to the BWC, or your employer, or their representatives, be sure to get the person’s name (first OR last) so that you can confirm later on anything that was discussed. Some times workers’ comp law can get very complicated, or is hard to understand. It also changes rather often as well. When BWC officials try to explain things, they might not be very clear about things. Sometimes (intentional or not) incorrect information is given. Thus, when you have a conversation with ANYONE concerning your workers’ compensation claim, always make sure you get either a first or last name (“Cindy B” at the BWC, or “Mr. Smith at the Gates McDonald Company”). This way, if there are any misunderstandings as to the status of your case, you have a reference point, and a person you can refer to as the source of the information you’re going on. Since security is always an issue, don’t be surprised if they only give you their first OR last name. This is not because they are avoiding responsibility. Most agencies and companies will be able to identify a “Cindy B” or a Mr. Smith when necessary. Be sure and get this information every time. Don’t bother getting x-ray results and medical records for medical exams. Many times when a worker is scheduled to undergo an examination, they are told to bring any x-rays or MRI films and medical records to the examination. The worker then runs all over town collecting test results, and x-ray films for the doctor to look at, or NOT look at. This is a waste of time! The worker is under no obligation to provide any of these items to the doctor when they are examined. Not only is this a hassle for you, but there could be some remote, incidental finding on an old x-ray that an unsavory doctor could use against you and unfairly exploit. And YOU provided it for them! Moreover, odds are, you signed a medical release long before you ever got scheduled for this examination, and they probably already have this information anyway. So don’t waste your time getting all of this information. Consult your attorney as to whether you will ever need to bring to anything to these examinations, and if so, what. Faxing items to the BWC is a plus. If you can not make it to a local BWC office to file documents, you can always fax it to them. The BWC (and the Industrial Commission) accepts faxes as filings in the system. In fact, faxing may be better for several reasons. When an item is faxed to the BWC, it is automatically “imaged” into their computerized document retention system, and it usually remains part of your electronic file permanently. There is little opportunity for a clerk or claims examiner to “lose” your document prior to scanning it in. This will also avoid you having to make an extra copy for your records. Just be sure to get a “fax confirmation sheet” which documents that you sent and filed your item with the agency, in case there might be a technical problem on either end of the transmission. The BWC fax numbers for local offices are usually on all correspondence from them, or you can get it from their web site, or calling the local BWC offices. Links are available on this site as well under “Helpful Links” |
Main Office: 545 Helke Road, Vandalia, Ohio 45377 | Phone: (937) 264-1122 | Fax: (937) 264-0888
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