Questions to Ask Your Attorney

Navigating the Ohio Bureau of Workers' Compensation (BWC) system can feel like learning a completely different language. When meeting with a workers' comp lawyer, asking the right questions will help you protect your rights and ensure your case is handled properly.

The most important questions to ask are broken down by stage below:

1. Questions About Your Specific Claim & Benefits

Every state handles workers' comp differently, and Ohio has its own unique rules regarding timelines and benefit types.

• What specific benefits do I qualify for right now? (Ask about Temporary Total Disability for lost wages, Wage Loss compensation if you returned at a lower pay, or Permanent Partial Disability if you have lasting damage.)
• What is the statute of limitations for my case? (In Ohio, you generally have one year from the date of the injury to file a claim for a traumatic accident, but occupational diseases have different timelines.)
• Is my employer "State-Funded" or "Self-Insured"? (This fundamentally changes how your claim is processed, who approves your medical treatment, and how quickly decisions are made.)
• Do I have a potential third-party claim? (If a defective machine, a subcontractor, or a reckless driver caused your injury on the job, you might be able to file a separate personal injury lawsuit in addition to workers' comp.)

2. Questions About Medical Treatment & Doctors

The medical evidence in your file will make or break your claim. You need to know how Ohio's specific medical rules impact you.

• Can I choose my own doctor, or do I have to see the company doctor? (In Ohio, you can generally choose any BWC-certified physician, but your employer may try to direct you to their own managed care network.)
• What should I do if the Managed Care Organization (MCO) denies a medical procedure or prescription?
• How do we get additional medical conditions "allowed" in my claim? (If you hurt your back, but now your hip is hurting due to altered gait, that secondary condition needs to be formally added to your BWC claim.)

3. Questions About the Lawyer’s Experience & Fees

You want to make sure you are hiring a specialist, not a general practitioner who handles traffic tickets and divorces on the side.

• Do you specialize specifically in Ohio Workers' Compensation law? (The BWC system operates under incredibly rigid, shifting administrative rules that require dedicated expertise.)
• What is your fee structure, and will I owe anything out of pocket if we lose? (Most Ohio workers' comp lawyers operate on a contingency fee, meaning they take a percentage of your back-due benefits or settlement, but you should clarify if you are responsible for court/medical record copy costs.)
• Will you represent me at Industrial Commission hearings? (If your employer or the BWC contests your claim, you will have to attend a hearing in front of a hearing officer. You need to know if your lawyer will be standing next to you or sending an assistant.)

4. Questions About Your Employer’s Actions

• What should I do if my employer offers me a "light-duty" job? (In Ohio, turning down a valid light-duty offer that fits your restrictions can terminate your lost-wage benefits, so you need your attorney to review it immediately.)
• What happens if my employer retaliates against me or fires me for filing this claim?



Pro Tip: When you go to your meeting, bring a copy of your accident report, any paperwork you've already received from the BWC, and a list of your current medical restrictions.