The Top Three “Tricks” Employers and the BWC Use to Avoid Paying Injured Workers What They’re Owed

As it’s almost Halloween, the season of Trick & Treats, we thought it was a good idea to tell you about some of the top tricks to avoid taking care of you when you are hurt on the job in Ohio. 

At The Law Offices of Kurt M. Young, LLC, we’ve spent over three decades helping Ohio’s injured workers navigate the complicated and often unfair—Workers’ Compensation system. Unfortunately, we’ve seen too many cases where employers, Managed Care Organizations, Third Party Administrators and the Ohio Bureau of Workers’ Compensation (BWC) use subtle tactics to limit or delay what injured workers are rightfully owed.

Here are Three of the most common “Tricks” we see—and what you can do about them:

#1. Telling you that you do not need or cannot afford a lawyer

We hear it all the time - The Ohio Bureau of Workers’ Compensation or the Managed Care Organization are neutral, my employer will take care of me, they are definitely taking care of me on my claim.  I don’t need or can’t afford a lawyer.

Let’s deal with this one right - The Ohio Bureau of Workers’ Compensation (BWC) is in NO WAY, SHAPE OR FORM NEUTRAL.  They are a defendant to your claim, don’t believe us?  Google Ohio Revised Code section 4123.512 about court appeals on these claims and look at who the parties are.  See a familiar name?  Yep there are a defendant to your claim.  To quote the last several Administrator CEO’s of BWC, to a room full of attorneys like us “we are a big boy insurance company and we will actively defend against these claims”. 

But surely the Managed Care Organization (MCO) is neutral.  Nope, they are paid by BWC and selected by your employer to protect your employer’s interests and they will coordinate with your employer and BWC to fight and limit your claim.  

Are they taking care of you, maybe but Google State ex rel.Estate of Sziraki vs. Administrator Bureau of Workers’ Compensation.  The Google AI introduction will tell you much “ State ex. rel. Estate of Sziraki v. Admr., Bur. of Workers' Comp. is an Ohio Supreme Court case that concerned the estate of Dean Sziraki, a worker who became permanently quadriplegic after a 1991 workplace injury. The case centered on the estate's claim for scheduled loss of use benefits that the estate argued should have been paid to Dean during his lifetime, even without an application from his mother or a court-appointed guardian for his estate. “

So essentially BWC knew a worker, who lingered in a coma for 16 years was entitled to $363,800 in benefits that they didn’t pay even though they could have without an application.  So if they are doing that to that family, who were also the employers, imagine what they are willing to hide from you.  

And the TPA, MCO, BWC and your employer, they have an army of lawyers, and it is very rare where a worker cannot get one on a contingent fee (we only get paid out of what we get you) basis. 
 
#2. Telling workers they have to go treat where the employer tells you to

In some states, you have to treat where the employer sends you.  Ohio is NOT one of those states.  You have the right to treat with any BWC certified Provider.  Go on the front page of the Ohio Bureau of Workers’ Compensation’s website and you can search for them by name, area of practice, city, state, zip code, Ohio county, you name it.  

Employers can tell you to go to a certain spot to take a drug test, but you can then treat with whomever you want so long as they are BWC certified. 

Don’t go to places that have names like Works, Occupational Health, or the like.  Occupational health clinics are about cost containment.  There are some great doctors at these clinics, but their primary mind set is save your employer money.  We want you treating with a doctor whose primary mind set is providing quality care and getting you back to work safely. 

#3. Pushing You Back to Work Too Soon - Bad Faith Job Offers or Voluntary Abandonment of Employment

We’ve seen employers and Managed Care Organizations (MCOs) push workers back before they’ve healed, often to avoid paying Temporary Total Compensation. Returning too early can worsen your injury—and make it harder to recover benefits later. 

If your doctor says you’re not ready, listen to your doctor, not your employer.

Now employer’s can make up a job for you to do.  And there are countless medical studies that will tell you that a safe return to work as quickly as possible is the best thing for the worker’s physical and mental health.  I will add their financial health. For example, workers’ compensation law does not require them to pay your health insurance premiums if you are off work.  

But a job offer must be detailed, in writing, tell you what you are specifically going to be doing, and be within your doctor’s restrictions.  So if you get one like that, you have to show up.  

Finally there is a concept called “Voluntary Abandonment of Employment”.  What this is, is an employer trumping up some reason to fire you from work to avoid paying your claim.  And yes, your employer can fire you and cite to a written work rule and avoid paying for your time off work ever again, even if you can’t work at all. 

So watch out.  

Bottom line:  Don’t face these tactics alone. The Workers’ Compensation system can be confusing, but you have rights—and experienced help makes all the difference.

If you think you’re being shortchanged on your claim, contact The Law Offices of Kurt M. Young, LLC today. We’re here to make sure Ohio’s injured workers get the benefits they’ve earned.