Workers' Compensation in Ohio
Workers' compensation in Ohio (also known as workman's comp, workers' comp, and work compensation) offers medical care and income for employees who become sick or injured as a result of work-connected accidents or conditions. Work-connected accident claims should be filed with the Ohio Bureau of Workers' Compensation.
There are certain work compensation issues that should be handled by legal counsel. An Ohio workman's comp lawyer can particularly be useful if your claim is contested or denied, your boss is uncooperative, uninsured, or underinsured, or if your injury is the result of a defective product (and is the manufacturer's responsibility), or the involvement of a third party.
Illnesses and Injuries Covered Under Ohio Workers' Compensation Law
Accidental Physical Injuries
- Mishaps at work that cause injuries are covered by your employer's work compensation insurance. Such accidents include tripping, slipping, and/or falling at the jobsite.
- Injuries caused because the worker is intoxicated or under the influence of drugs on the job will not be covered by his employer's workers' comp insurance policy.
- Illnesses that result from an employee's work conditions or exposure to certain things at work. These occupational diseases include lung damage resulting from exposure to toxic chemicals, asbestosis, and hearing loss.
- Death benefits are available to dependents if a worker dies from a disease resulting from a work condition.
The Ohio Worker's Comp Claims Process
- Notify Your Boss
- Immediately notify your employer in writing of your injury. Your employer should then provide you with the appropriate forms to fill out and mail to the Ohio Bureau of Workers' Compensation. If you neglect to report your injury, you will lose your right to workman's comp benefits, or your benefits may be delayed.
- Get Medical Help Promptly
- File a claim with the Ohio Bureau of Workers' Compensation: Your claim should be filed within two years of your workplace injury. You will be barred from recovery of workers' comp benefits if you file after the statute of limitations period.
- If your workman's comp claim in denied or disputed, or if you are in need of extra assistance, talk to an Ohio workman's compensation attorney.
Benefits Received in Ohio Under the Workers' Compensation Program
It is possible to receive the following benefits as part of Ohio workers' compensation:
- Medical Treatment: Payment directly to your health care provider for medical bills and other treatment connected with your workplace injury.
- Wage Reimbursement: An employee injured on the job will be reimbursed for wages lost due to his traveling to and from physician's appointments, hospital visits, and time spent attending and going to Workman's Comp hearings.
- Funeral: $5,000 may be paid toward funeral expenses for an employee whose work-related injury or disease ultimately results in his death.
- Death: When a worker dies as a result of his workplace sickness or injury, his dependents are entitled to death benefits, the amount of which is dependent on whether the dependent is totally or partially a dependent of the deceased employee.
- Vocational Rehabilitation: Ohio has a Bureau of Vocational Rehabilitation to help permanently injured workers re-train for a new job when they can no longer perform their old job duties because of their injuries.
- Income Benefits (there are several kinds):
- Temporary Total Disability Benefits (TTD for short): When you are temporarily unable to work at all because you have been injured on the job.
- Amount: 72% of your average weekly wage for the first 12 weeks the worker is injured. From week 13 on, 66.667% of your average weekly wage.
- Temporary Partial Disability Benefits (TPD for short): A worker is injured and cannot perform his old job, but can earn some income, though at a reduced level.
- Permanent Total Disability Benefits (PTD for short): The employee is completely unable to work as a result of his workplace injury or illness. The employee must submit a Form IC-2 to the Ohio Industrial Commission. The employee must also attend an Industrial Commission examination to determine his eligibility.
- Amount: 2/3 of his pre-injury average weekly wage each week for life.
- Permanent Partial Disability Benefits (PPD for short): The worker has improved to his medical maximum, but has suffered permanent damage because of his injury (i.e.-loss of a thumb or toe). Some work is possible, but he cannot return to his previous job and do his old work.
- Amount: The employee is given money based on his percentage of residual impairment from his work-connected injury or illness.
You should speak to an Ohio Workers' Comp lawyer about these potential benefits.
Why Hire A Ohio Workers' Comp Lawyer?
The resolution of your workers' comp claim will have a significant impact on the rest of your life. Because your claim may be denied or contested, it is crucial to have an Ohio workman's compensation attorney at your side to give you advice, familiarize you with workman's comp procedures, consider your available options for compensation, and help your develop a course of action for your case.
Ohio Workers' Compensation Statutes
Ohio Workers' Comp provisions fall under the Ohio Administrative Code
- Employers Subject To Workers' Compensation
- Administrative Code, 4123.01.
- Covered Employees
- Administrative Code, 4123.01.
- Administrative Code, 4123-3-07, 4123.61, and 4127.04.
- Claims Procedure
- Administrative Code, 4123-3-03, and 4123-3-08.