Dr. John Ruch, DC
Getting hurt on the job can be a very frustrating experience. Not only are you hurt, and your job and income may be impacted, but your daily routine and life activities can be seriously disrupted. You are basically forced to trust that your employer is going help you heal and get back to work as quick as possible (because let’s face it, they are the experts here).
At face value, it makes sense that the company should help you heal and get back to work, but at what point do you start to think about getting a second opinion? What are some indications that you might need to take a more proactive role in your own recovery and get some outside legal assistance? Based on my +30-year career of working with patients of who have been hurt on the job, here are a couple points that should cause you to stop and think.
1. My employer is requiring me too see the company physician
This can be a normal first step in the initial process. If you get hurt, there is usually a very scripted process laid out by your employer that you need to follow. These initial steps (go to an urgent care / emergency room, have a drug test taken, see the company / contract physician) are all normal and may not be an indication that something is wrong. But let’s be clear that this process is as much about protecting the employer as it is the employee. This said, the company can be equally focused on protecting their costs as it is getting you back to work.
Related to that, if the company is limiting your care to a specific set of specialists it might be time to seek outside help. You have the right to participate in designing your care plan, you have the right to select physical therapist near your home, who you are comfortable with and your employer cannot dictate who you need to see. If it feels like you are not presented with workable options or you can’t see your favorite physician, it might be time to seek legal help.
2. My claim has not been approved
The Ohio Bureau of Workers compensation is well run. Any normal claim submitted to the office by the employer should be approved or denied within about 2 weeks. Longer or more complex cases should take at most 4 weeks. If you have passed the two-week mark and you have not heard anything back on your case, you might need to start looking for help. For sure if it has been more than 4 weeks, it’s a good indication that your employer is either struggling with the claim, or could be dragging their feet.
3. I was hurt on the job, and I can’t work, and I am not being paid
This is a very real situation that I have seen many of my patients go through. A typical case is that they hurt their back at work, they have been told to go home and get some rest, and suddenly they are told that they are out of PTO and or sick time.
If the check does not come in, act right away. Even through an attorney, it can take some time to get things moving and as you know, the bills are not going to stop just because you are laid up on the couch. Don’t wait. Call an attorney right away and start exploring your options.
On the positive note, I have only seen this happen with smaller companies that quite frankly don’t know how to handle cases like this. An attorney can often apply the right “guidance” to the company to help them get back on the right path.
4. I went back to work, but I still hurt
I see this on a lot of “aged” cases. In the BWC world, the “aged” claims are the patients who were hurt sometime in the past but never really healed completely or got the help they needed. This can be due to either the company or the employee being a bit too optimistic about the recovery process. If you are in this situation, talk with your employer first. If you have and have not seen an meaningful action, then it might be time to look for a BWC attorney who can help.
5. I can’t do the same job as I had before, and I might lose my job.
This case is very frustrating for my patients. You got hurt on the job and when you get back to work, you have been given some other kind of work because you can’t keep up, can’t work as fast, or just don’t have the stamina / strength as before. This situation gets worse when your pay gets docked or your job is now put at risk. If you feel this situation describes you, its time to get help.
In closing…
In my 30 years working as Physician on BWC cases, I have seen almost everything. What has been one infallible truth is that no one is more invested in your help than you are. Its ok to have some trust in your employer and look for their help to a point, but if any of the cases above start to describe your situation, its time to get a second opinion. While we are not attorneys, we have worked with a lot of very good ones in the Cincinnati area. Feel free to give Dr. Ruch a call and we can refer you to one of the many top-notch attorneys we have worked with in the past.
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