The law says that the selection of a chiropractor is the patient's choice

You cannot be required to see a doctor your employer "authorizes" … you can see any chiropractor certified by the Ohio Bureau of Workers' Compensation (BWC).*

Your rights and benefits under the Workers' Compensation law are often misrepresented or misunderstood. Here are truthful answers to the most common questions about Workers' Comp …

1. I injured myself at work. What should I do?
You should immediately report the injury to your supervisor, and should ask to complete a written incident report. Be sure to obtain a copy of this report for yourself. Note the names of any witnesses. Then seek medical attention from a chiropractor of your choice (see question #4) as early as possible. When you do so, provide a detailed description of your job and the manner in which you were injured

2. Should I file a Workers' Compensation claim? Why can't I bill my private insurance?
Yes, you should file a workers' compensation claim. Your private insurance will not cover injuries that appear to be work related. If you change jobs, your insurance is likely to change. A new insurance carrier may not cover problems that appear to be pre-existing. A workers' compensation claim will remain open, however, even if you change jobs.

3. How do I file a claim?
You should obtain a First Report of Injury (FROI) form from your employer, your chiropractor or from the Ohio Bureau of Workers' Compensation (BWC). Fill out the sections titled "Injured Worker Info" and "Injury/Disease/Death Info." Ask your chiropractor to complete the "Treatment Info" section. Provide your employer with a copy of this form. In Ohio, you must file a claim within two years of your date of injury.

It is the injured worker's responsibility to provide the BWC with sufficient information to approve your claim. Failure to do so will result in a denial of your claim. You should be prepared to provide all of your medical records and a statement from your chiropractor stating the history of your injury, your diagnosis, a treatment plan, and most importantly, whether your chiropractor feels that your injuries are related to your employment.

Do not make the mistake of believing that your claims manager, the hearing officer, or your employer's attorney will try to protect your rights. If you have questions about your rights, you should seek the advice of an attorney who is familiar with the workers' compensation system. Generally, workers' compensation attorneys offer a free initial consultation and will not charge you an attorney fee unless you receive an award under your claim.

4. My employer told me that I have to go to "their" doctor. Is this true? Can't I see a chiropractor of my choice?
Do not allow your employer to mislead you. In Ohio, you have the right to seek treatment from any Ohio Bureau of Workers' Compensation (BWC) certified medical doctor or the chiropractor of your choice.* There are limits, however, on what types of treatment you can receive. Your workers' compensation claim is like having medical and disability insurance only for the conditions allowed in your BWC claim. If your chiropractor diagnoses a condition or problem that is not included in your claim allowance, this is a major issue that must be addressed by filing a motion. Further, your workers' compensation claim will be medically managed by an MCO, who may seek to contain costs in your claim by limiting treatment. An attorney who is familiar with workers' compensation will understand these medical and legal issues and can assist you in getting your treatment authorized and your bills paid.

*There is one exception to this rule. If you work for an employer who is self-insured under the QHP program, you are required to see their doctor for your initial visit only. After that, you may select any BWC certified medical doctor or chiropractor. The Miami Valley Chiropractic Society (MVCS) suggests one of our highly qualified member doctors.

Find an MVCS Doctor

Workers' Compensation information on this page was provided by Attorneys Bruce Nicholson and Shelby McMillan. Mr. Nicholson is a partner in the firm of Hornstein, Nicholson and Blumenthal (http://www.hnb-law.com) which specializes in Workers' Compensation and Social Security law.