Workers Compensation

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By: MacGregor C. Howey

Owner of Equilibrium Insurance Partners

419-386-0870

In the state of Ohio, workers' compensation is a critical aspect of employment law that provides benefits to employees who have been injured or become ill as a result of their job. This system is designed to protect workers and their families from financial hardship following a work-related injury or illness. Understanding the ins and outs of Ohio workers' compensation can be complex, but it's essential for both employees and employers.

What is Workers' Compensation Insurance?

Workers' compensation is a type of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. It's a no-fault system, meaning that benefits are provided regardless of who is at fault for the injury or illness. In exchange for these benefits, employees typically forfeit their right to sue their employer for negligence.


In Ohio, the Bureau of Workers' Compensation (BWC) administers the workers' compensation system. The BWC is responsible for processing claims, paying benefits, and providing services to injured workers and their employers.

Who is Covered Under Ohio Workers' Compensation Insurance?

Most employees in Ohio are covered by workers' compensation. This includes full-time and part-time workers, as well as temporary and seasonal workers. Independent contractors, however, are typically not covered. There are also certain exceptions for family members, agricultural workers, and others.


Employers are required by law to carry workers' compensation insurance. They can obtain coverage through the state fund administered by the BWC, or they can self-insure if they meet certain requirements.

What Benefits are Available?

Workers' compensation benefits in Ohio can include medical care, wage loss compensation, permanent partial disability, permanent total disability, temporary total disability, and death benefits. The specific benefits an injured worker can receive depend on the nature and severity of the injury or illness.


Medical care benefits cover the cost of treatment for a work-related injury or illness. This can include hospital stays, doctor visits, physical therapy, prescription medications, and other necessary medical expenses.


Wage Loss Compensation


Wage loss compensation is designed to replace a portion of the wages lost due to a work-related injury or illness. The amount of compensation is typically based on the worker's average weekly wage prior to the injury or illness.


In Ohio, temporary total disability benefits are available to workers who are completely unable to work for a temporary period due to their injury or illness. Permanent total disability benefits are available to workers who are permanently unable to return to any form of sustained employment.


Death Benefits


If a worker dies as a result of a work-related injury or illness, death benefits are available to the worker's dependents. These benefits can include compensation for funeral expenses and a portion of the worker's wages.

How to File a Claim

Filing a workers' compensation claim in Ohio involves several steps. The injured worker must first seek medical attention and notify their employer of the injury or illness. The employer is then required to report the injury to the BWC.


The worker must also complete and submit a First Report of Injury (FROI) form to the BWC. This form provides details about the injury or illness and the circumstances surrounding it. The BWC then reviews the claim and makes a decision regarding eligibility for benefits.

Appealing a Denied Claim

If a workers' compensation claim is denied, the worker has the right to appeal the decision. The appeal process in Ohio involves a hearing before the Industrial Commission of Ohio. The worker has the opportunity to present evidence and argue their case. If the appeal is denied, further appeals can be made to the court system.

Conclusion

Understanding the intricacies of Ohio workers' compensation can be challenging, but it's crucial for protecting the rights and interests of injured workers. Whether you're an employee or an employer, it's important to familiarize yourself with the system and know what steps to take in the event of a work-related injury or illness.


Remember, each case is unique and the process can be complex. If you're unsure about any aspect of workers' compensation, it's often beneficial to seek legal advice. A knowledgeable attorney can guide you through the process and help ensure that you receive the benefits you're entitled to.

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