Workers Compensation in Ohio
Does the subject of workers’ compensation in Ohio sound interesting to you? It probably holds great interest for you if you live and work in Ohio, and if you have been injured on your job or become ill due to the type of work you do. You or a friend or loved one may believe that you have not been given all the benefits of workers’ compensation that you are entitled to.
If this is the case, do not forget what workers’ compensation is. It is a form of business insurance that is provided by your employer. Workers’ compensation offers to you and/or your family benefits in the form of medical coverage, income and rehabilitation if you suffer illness, injury or death in the course of, or as a result of, your job. It makes no difference who is at fault for your injury or illness.
These workers’ compensation benefits are given to your surviving spouse and/or children or dependents if you lose your life at work. These benefits are given as a matter of “right” to you or your dependents or survivors. Your employer cannot resort to any legal defense. In return, you are not allowed to sue your employer, nor can your spouse and/or children or dependents.
Workers’ compensation laws were brought about so that you would not have to prove that your injuries or illness was the “fault” of your employer. They were also designed to reduce the need for litigation. Maryland passed the first workers’ compensation law in 1902. 1906, was when the first federal workers’ compensation law was enacted. Some kind of workers’ compensation law was enacted by every state in the United States by 1949.
The Occupational Safety and Health Administration (OSHA) is charged with your health and safety at work at the national level. (link to page Workplace Safety in Ohio) State laws that vary from state to state complement these national regulations of OSHA.
This is not how it is with workers’ compensation. There is no national agency. Each state has its own workers’ compensation laws.
The Division of Labor & Worker Safety of the State of Ohio Department of Commerce has the responsibility of insuring the health and safety of Ohio workers on the job. It is the responsibility of the Ohio Bureau of Workers’ Compensation to administer the workers’ compensation system in Ohio.
At the turn of the 20th century, Ohio had little protection for workers who were injured at the workplace. By the early 1900s, there was a growing response concerning this situation. The Ohio General Assembly passed the first Workers’ Compensation Law in 1911. Participation by employers was voluntary. In 1913, the law was amended making participation compulsory for all employers.
It is important for you to know and remember that workers’ compensation in Ohio is mandatory. Your employer is required by Ohio law to have workers’ compensation coverage. Waivers are permitted, but only for employer sponsored recreational activities. There are no numerical exceptions.
There are two ways in which your employer can provide workers’ compensation coverage in Ohio. It can be provided through a state fund, or your employer can self-insure.
One of the benefits of workers’ compensation in Ohio is that you are allowed to make the first choice of which physician will treat you. It is important to remember that this is a free choice. You can choose any doctor that is certified by the Ohio Bureau of Workers’ Compensation.
Another benefit is that you may receive temporary total disability (TTD) compensation for ninety days. After this time, must be examined by the Bureau of Worker’s Compensation Medical Section to determine eligibility for continuation of compensation and the appropriateness of the medical treatment that you are being provided.
These payments that are made for temporary total disability (TTD) are based on in a percentage of your worker’s wage. There is a weekly maximum payment amount. Payments continue for the duration of your disability.
Another disability benefit is for permanent total disability (PTD). This amount is also based upon a percentage of your worker’s wage that is also subject to a weekly maximum payment amount. Payments for PTD may continue for life. Benefits are subject to offset for Social Security benefits.
Payments for permanent partial disability (PPD) are made based upon a schedule of injuries. This compensation for unscheduled injuries is limited to one third of the state’s average weekly wage, for a period of 200 weeks. Payments for PPD continue for the duration of your disability.
Death benefits are another benefit of workers’ compensation in Ohio. These benefits are payable to your surviving spouse, or spouse and children. The amount is based upon a percentage of your employee’s wages. This is subject to a cap. A minimum benefit is provided regardless of your employee’s earnings. A burial allowance is available.
Attorney fees have to be approved by the Bureau of Workers’ Compensation. This is done on a case-by-case basis.
If you or a friend or loved one has a dispute with their employer over workers’ compensation benefits, you need to know that the dispute process in Ohio can be complicated and confusing. For this reason alone, you or your friend or loved one will probably need the help and representation of a legal professional to help resolve the dispute and make sure that you receive all of the workers’ compensation benefits that you are entitled to.
How do you go about choosing the right attorney? Family attorneys and those who have a general law practice are wonderful. But, are they the right ones for dealing with workers’ compensation issues?
You or your friend or loved one is probably going to need the help of an attorney who knows and specializes in employment law in Ohio. You probably need the representation of a workers’ compensation attorney.
This is what workers’ compensation lawyers do. They specialize in cases dealing with employment issues. These are the kind of cases they deal with every day.
