According to the United States Bureau of Labor Statistics, the April 2010 unemployment rate in Ohio is 10.7 percent, significantly up from 6.2 percent in January 2007. Less employed workers should result in fewer injuries on the job and therefore a decrease in the number of workers' compensation claims. Recent data supports this conclusion; the Ohio Bureau of Workers' Compensation (BWC) reflects a decline of more than 23 percent in claims filed from 2007 to 2009.

In contrast, BWC personnel rates are down only 15 percent and claims processes are being scheduled at a faster pace. Anecdotal evidence indicates that claims may be scheduled a mere six months from the date of the applicant's injury or initial diagnosis. In some cases, this is insufficient time to gather the medical records required to establish eligibility for benefits.

Latent Injuries Do Not Show Up In Time for BWC Hearings

Latent injuries may complicate an injured worker's claim. Some occupational diseases are more difficult to diagnose and the employee may even have initially been giving conflicting diagnoses. These claimants need ample time to get appropriate medical attention; sometimes obtaining a referral or an appointment with a specialist can take significant time. Submission of a claim requires expert diagnoses for the injuries or disease. Additionally, claimants need time to prepare their claim, gather supporting medical records and present their claim to the bureau.

Until such time as the state would adopt a two-tier system for new claims, injured workers should contact a knowledgeable workers' compensation attorney. A lawyer can help ensure injuries are timely and appropriately documented and evidenced, and can help the injured worker throughout the application process. When appropriate, a lawyer can request that the hearing be continued, or delayed, until all the evidence can be gathered.

Contact a knowledgeable work comp attorney at www.OhioBWCattorney.com for help with your workers compensation claim.