Our workplace injury attorneys understand that employers are interested in paying as little as possible for workers’ compensation insurance premiums.
According to a recent article in the Columbus Dispatch, the State of Ohio settled a lawsuit that had been going on for years over allegations that hundreds of thousands of employers were being overcharged for workers’ compensation insurance premiums.
According to reports, the state agreed to create a $420 million fund to pay claims from employers who were overcharged for workers’ compensation premiums between 2009 and 2011. This was slightly less than half of the $860 million that the judge ordered the state to repay. The state initially appealed this order, and the Court of Appeals reduced the amount to $670 million. A settlement was reached, and both sides are reported as being happy with the settlement agreement.
Since this case began, there have been major changes made to the state’s workers’ compensation program, including improvements in accounting methods and additional efforts to reduce work place accidents.
While employers should certainly do their part to keep workers safe, there are certain steps employees should take to make sure that if they are ever injured at work, it will be easier for their workers’ compensation attorneys to get them the benefits they deserve.
One of the most important things you can do if injured on the job is to report the injury immediately. If you do not report the accident, it may be very difficult to prove you were injured on the job.
You should also take photographs or have someone else take photographs of the condition that caused your injury. You should make sure that your supervisor or employer generates an accident report.
You should also seek prompt medical attention, if necessary. You should never refuse medical attention. It is better to be checked out by a doctor. Even if you do not require any treatment at that time, there will be a medical record that proves you sought treatment. If you develop additional symptoms later and need medical attention, there will be a record that you were seen for the same problem the day you were injured.
Another thing that you should do if you are injured on the job is to make a list of any co-workers who were present when the injury occurred. They may need to serve as witnesses later.
All of this is important, because employers are not only interested in paying less for their workers’ compensation insurance, as we have seen in this article, but they are also often interested in paying out on as few claims as possible. Even if your employer is on your side and wants to make sure you get the benefits you deserve, their workers’ compensation insurance company may try to deny your claim.
One of the most common reasons that employers or workers’ compensation insurance companies will give for denying a claim for benefits is to allege that you have a preexisting condition, rather than an on-the-job injury. If you follow the steps listed above and have proof that your injury occurred at work, it will be much more difficult to deny your claim on those grounds.
If you are injured on the job in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential consultation to discuss your workers’ compensation claim: 1-888-367-2900.
Ohio settles lawsuit over workers’ comp overcharging, July 28, 2014, the Columbus Dispatch
More Blog Entries:
SSDI Cases: On Duration and the Recent Work Test, July 23, 2014, Boston Workers’ Compensation Lawyer