Washington, D.C., Workers’ Compensation

Like other areas of the country, Washington, D.C., provides workers’ compensation or workman’s compensation to workers who are injured on the job or who suffer from an occupational illness. Workman’s comp is a no-fault insurance system that provides wage loss compensation, medical benefits, vocational rehabilitation and death benefits to injured workers.

The Workers’ Compensation Program in Washington, D.C., is a part of the Department of Employee Services whose primary tasks includes processing claims and monitoring payments of Workers’ Comp benefits to injured private-sector employees in the District of Columbia. If an issue arises, the Workers’ Compensation Office can mediate a dispute between the employer and employees. The Workers’ Compensation Program also ensures compliance with insurance requirements.

Work compensation in Washington, D.C., is viewed as a compromise system between the employer, who is required to purchase insurance coverage for the majority of their employees, and the employee, who forfeits potential winnings they may have received if they had won a personal injury claim against their employer. Both the employer and the employee avoid the lengthy and costly battle that can ensue from a personal injury claim.

Hiring a Washington, D.C., Workers’ Compensation Lawyer

Not all workers in Washington, D.C., will need help from a work comp attorney. If the worker’s Washington, D.C., workplace injury is minor and can easily be resolved, legal assistance is generally not required.

If a worker has a serious or permanent work injury, is refused payment, is fired, is harassed or does not get the compensation they think they need, a workers’ compensation lawyer can help. Worker’s compensation attorneys in Washington, D.C. can provide valuable information to help a District of Columbia worker navigate the sometimes complex workers’ compensation laws.

Unfortunately, some employers may not have the best interest of the employee in mind and will attempt to resolve the Washington, D.C., claim as soon and for as little cost as possible.

Work Injury Covered Under Washington, D.C., Workers’ Compensation Laws

If a worker is injured at work while they are performing their normal job function the work injury is generally covered by work comp insurance. If the work injury was the result of an intentional or reckless action meant to cause injury, from flagrantly ignoring a standard safety precaution, while travelling to or from work or while intoxicated workers’ compensation may be difficult or impossible to receive.

Work injuries or occupational illnesses which are commonly covered by workers comp insurance can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Washington, D.C., Work Compensation Benefits

The District of Columbia’s work injury compensation mirrors other states and provides medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits and vocational training benefits. Below is more detailed information about each benefit offered to injured employees.

• Medical Benefits

Medical benefits are provided to injured workers and can include paid medical expenses for all necessary and reasonable medical services. Medical benefits can include payment for the following: doctor’s visits, hospital stays, laboratory services, medical supplies, nursing services and prescription medications.

Medical care is provided to the employee without a time or cost limitation. The employee has the right to choose their own initial treating physician, but after the worker has chosen their doctor they cannot switch to another treating physician without getting the approval from the insurance carrier or making a request with the Office of Workers’ Compensation.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to an employee who is injured and temporarily unable to return to their job. TTD benefits are paid at 2/3 of the worker’s average weekly wage up to the maximum allowable amount under Washington, D.C., state laws. TTD benefits are paid for a maximum of 500 weeks.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits (TPD) are offered to employees who have not reached their maximum medical improvement but who are able to return to light duty. Many times if this occurs the employee will suffer wage loss; TPD benefits allow the worker to recover some of the loss.
TPD benefits are paid at 2/3 of the difference between the worker’s average weekly wage before they were injured and their current wage. TPD benefits may b e paid until the worker reaches their maximum medical improvement.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) are paid when the worker reaches their maximum medical improvement level, but they continue to have residual impairments. Workers are generally compensated according to a schedule and the amount paid for PPD benefits may vary based on the severity of the residual impairment or loss of body member.

Certain types of losses such as loss of an arm or leg are considered scheduled losses and the employee will receive compensation, regardless of their wage decreases. Other losses, which do not result in permanent wage loss, may not offer extra benefits.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) may be paid to District of Columbia workers who have sustained an injury, and who are at their maximum medical improvement level but continue to have severe, permanent injuries which do not allow them to work any type of job.
PTD benefits may be paid to disabled workers for the duration of their lives.

• Death Benefits

Death benefits may be paid to the surviving beneficiaries of a deceased employee who was killed from a work injury or occupational illness. Death benefits in Washington, D.C., can include wage loss compensation which is a percentage of the deceased employee’s wage and paid burial expenses (up to a maximum amount established under work comp law).

• Vocational Training Benefits

Vocational training benefits may be offered to injured workers who are unable to return to their current job duties due to their work injuries. Vocational rehabilitation can include a variety of services such as retraining, schooling, job counseling and job placement, all with the goal of helping the employee return to suitable work.

The employer/insurer must do whatever is “reasonable to provide suitable employment”. Any attempt to shortcut the process by only providing short periods of job placement assistance or only offering low paying jobs with little opportunity for the employee should be viewed as insufficient.



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!




Hawaii Workers’ Compensation

Hawaii’s workers compensation or workman’s compensation provides benefits to Hawaiian workers who are injured while performing their job duties. Workers’ compensation benefits in Hawaii can include paid medical benefits, lost wage compensation, vocational rehabilitation services and survivor benefits paid to the surviving beneficiaries of a deceased worker.

Hawaii workers’ compensation is viewed as a trade-off for the employee and the employer. The employer is required to purchase workers’ compensation for all qualifying workers and the employee forfeits their right to file a personal injury claim (under most conditions) in exchange for immediate benefits.
Both employer and employee avoid a protracted legal battle, and the employer does not have to prove that their negligent actions were not the cause of the Hawaii workplace injury.

The Hawaii workman’s compensation laws were enacted in 1915 and are now administered by the Hawaii Department of Labor and Industrial Relations. Work comp laws vary by state and can be complicated. If you have been injured in a workplace injury, it may be helpful to contact a Hawaii workers comp lawyer.

Hiring a Hawaii Workers Compensation Lawyer

Hawaiian workers may file their work comp claim on their own or seek legal help from a workman’s compensation attorney at any phase of the claim process. Not all employees will need legal assistance, but if you have suffered a permanent or severe debilitating workplace injury, a compensation attorney from Hawaii can ensure you get the compensation you deserve.

Many employers will work hard to ensure a worker gets the medical help and wage loss compensation they need, but other employers may be more concerned with closing the Hawaii work comp claim and saving money.

Hawaii Work Injuries Covered Under Workers Compensation

Most Hawaii workplace injuries are covered under workman’s compensation if they occur at work and while the worker is engaged in their normal job functions. Occupational illnesses which occur within the course of employment may also be covered.

Some of the most common types of Hawaii workplace injuries and occupational illnesses can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Hawaii workers who are injured while intentionally trying to hurt themselves or others, who flagrantly disregard safety precautions, who are travelling to or from work while they are injured or who are injured due to intoxication of drugs or alcohol may have difficulty getting workers’ compensation.

Hawaii Workers’ Compensation Benefits

Like other states, Hawaii workman’s compensation provides medical benefits, temporary total disability benefits (TTD), permanent total disability benefits (PTD), permanent partial disability benefits (PPD, vocational rehabilitation benefits, and death benefits. More information about each benefit is listed below.

• Medical Benefits

Medical benefits are provided to injured Hawaiian workers and can include paid medical expenses for all reasonable and necessary medical services to help an employee heal after their Hawaii work injury.

Medical benefits which may be covered can include: doctor’s visits, hospitalizations, medical supplies, laboratory services, nursing services, and prescribed medications. If a worker has more than 5 visits to a treating physician, additional visits must be approved by the Hawaiian Department of Labor.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits are paid to Hawaiian workers who are injured and temporarily unable to return to their job. TTD benefits are paid at 66 2/3% of the worker’s normal wage and can be paid for the duration of the work injury (subject to the state’s maximum and minimum limits).
Prior to receiving temporary total disability benefits the worker must miss three calendar days of work.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to Hawaiian workers who sustain a work injury and are unable to return to any type of work due to their residual work injuries.

PTD benefits are paid at 66 2/3% of the worker’s average weekly earnings and can be paid until the worker is able to return to work or for the remainder of the worker’s life.

The following work injuries are considered permanent and total:
• The permanent and total loss of sight in both eyes
• The loss of both feet at or before the ankle
• The loss of both hands at or above the wrist
• The loss of one hand and one foot
• An injury to the spine resulting in permanent and complete paralysis of both legs or both arms or one leg and one arm
• An injury to the skull resulting in incurable imbecility or insanity.
• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) are paid to workers who have suffered a work injury and after reaching their maximum medical improvement continue to have residual partial and permanent injuries.

PPD benefits are paid according to a schedule, and the amount and duration which is paid for different injuries will depend on the severity of the work injury and the worker’s impairment rating.

• Death Benefits

Death benefits are paid to the surviving beneficiaries of a worker who is killed in a work injury. Death benefits include a percentage of the deceased worker’s wage. Death benefits can also include payment for burial expenses up to the state’s maximum allowable amount.

• Vocational Rehabilitation Benefits

Vocational rehabilitation services are provided to Hawaiian workers who are unable to return to their current job due to their residual work injuries. Vocational rehabilitation may include job re-training, job assessment, or job counseling. The ultimate goal of all types of rehabilitation is to help the Hawaiian worker return to substantial employment.

• Disfigurement-payments

Hawaiian workers who are injured and who have severe and permanent disfigurement including scars, burns, deformities or lacerations may be eligible to receive additional disfigurement payments.



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!




Texas Workers’ Compensation

Workers compensation is provided to Texas workers who are injured on the job while they are performing their normal job functions. Texas workers’ compensation or workman’s compensation is a no-fault insurance which provides paid medical benefits, lost wage compensation and if the injured worker dies from their Texas work injury or occupational illness it pays benefits to the qualifying surviving beneficiaries.

Work injury compensation is considered a trade-off for both the Texas employee and the employer. The employer is required to purchase workman’s compensation for most employees and Texas workers who are injured forfeit their legal right to file a personal injury claim against their employer if they are injured. The employer and employee both, however, eliminate the hassle and legal expense of a potential protracted legal battle and the employee receives their Texas workers’ compensation benefits immediately.

The Texas workers’ compensation program was adopted in 1917. This program is administered by the Texas Workers’ Compensation Commission which ensures that companies comply with work comp laws and the employee receives the medical and wage loss benefits they deserve after a Texas workplace injury.

Hiring a Texas Workers’ Compensation Lawyer

Some Texas workers who have minor work injuries or injuries which can be settled quite easily with their employer may not need work comp help from their Texas workman’s compensation attorney. Other workers who have more serious or permanent work injuries, who have been discriminated or fired or who have been denied Texas workers’ compensation may need help.

Texas work comp laws can be complicated and will vary from other state’s laws. Your employer or the insurance company may be more concerned with closing the work comp case and less concerned with ensuring you get the medical benefits needed to help you recover from your Texas work injuries. Texas workers’ compensation lawyers can also analyze and review workers’ compensation cases which are the result of a defective product or the negligence of a third party.

Work Injuries Covered Under Texas Workers’ Compensation

Texas workman’s compensation insurance provides benefits for most Texas workers who are injured on the job. If you have been denied workers’ compensation by your employer for any of the following common Texas work injuries, contact a Texas work comp lawyer.

Common work injuries frequently covered by workers’ compensation:

• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder
• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Heart attack or strokes on the job
• Diseases caused by inhalation of chemicals or other toxins

Texas workers’ comp insurance may not provide benefits for all injuries. Workers who are injured to due intoxication, while performing actions that are meant to harm another employee or themselves, from acts of God or while the employee is engaged in a recreational, social or an athletic event may not be covered.

Texas Workers’ Compensation Benefits

Texas workers’ compensation provides benefits similar to other states but the terminology differs. Texas workers’ compensation provides medical benefits, death benefits and wage loss compensation.

• Medical Benefits

Texas workers’ compensation provides injured employees with all necessary and reasonable medical care related to the Texas workplace injury. Medical benefits can include: surgeries, hospital visits, dental care, podiatry, nursing services, medical supplies, laboratory services and prescribed medication.

• Income Benefits

Workers’ compensation in Texas includes wage loss compensation which includes: impairment income benefits, supplemental income benefits, temporary income benefits and lifetime income benefits.

Temporary Income Benefits

Temporary income benefits are paid to Texas employees who are injured at work and who are unable to earn the same wage they could earn prior to the work injury. Temporary income benefits are paid at 70% the difference between the employee’s pre-injury wage and post-injury wage.
Temporary income benefits are not paid until the worker misses 8 days of work. If the worker misses 14 days or more of work they may be entitled to payment for the first 7 days of missed work.

Temporary income benefits are paid until the worker reaches their maximum medical improvement level, the worker is able to earn the same wages they could earn prior to the work injury, or the worker reaches the maximum payment duration of 104 weeks.
Impairment Income Benefits

Impairment income benefits may be paid to injured Texas workers who have reached their maxim medical improvement level but continue to have residual permanent impairments. Impairment ratings are determined by a health care provider who will evaluate a worker’s condition using the using the 4th Edition of the American Medical Associations (AMA) Guides to the Evaluation of
Permanent Impairment.

Supplemental Income Benefits

Supplemental income benefits are paid to injured workers who have 1) not returned to work due to their medical impairments; 2) have returned to work but are making less than 80% of their previous average weekly wage; 3) have made a an effort to find suitable employment given their current physical ability to work; 4) have not taken their work compensation impairment benefits in a lump sum payment.

Supplemental income benefits are paid at 80% of the difference between 80% of the worker’s average weekly wage earned prior to their work injury and their current wages after the work injury.

Lifetime Income Benefits

Lifetime benefits may be awarded to Texas workers who have suffered severe workplace injuries which have made it impossible to work. Lifetime income benefits are paid at 75% of the worker’s average weekly wage with a 3% increase each year.
Workers may be considered permanently disabled automatically if they have lost total and permanent sight in both eyes, lost both of their feet above the ankle, lost both hands above the wrist, had an injury to their spine which has permanently and completely caused both legs or arms to be paralyzed or has suffered burns over 40% of their body or other types of severe injuries.

Talk to a Texas workers’ compensation lawyer if you believe you have permanent or severe work injuries and are unable to perform substantial work.

• Vocational Rehabilitation Services

Texas workers’ compensation provides rehabilitation and training to injured employees who are unable to return to their previous employment. Rehabilitation and training services are provided by the Texas Rehabilitation Commission and other private providers.

Texas workers who refuse rehabilitation may, under certain conditions, loss some of their work comp benefits. Vocational rehabilitation services can vary by state but may include: job counseling, job training, and job modification.

• Death Benefits

Death benefits may be paid to qualifying beneficiaries or dependents of a Texas worker who dies from a work injury or occupational disease. Death benefits may include wage loss compensation up to 75% of the deceased worker’s wage. Deceased workers children, dependent grandchildren can all be considered dependents. In some rare cases, parents may also be considered beneficiaries.

Death benefits may also include payment for burial expenses up to the state’s maximum allowable amount.

Reporting an Injury and Collecting Benefits

Employees who are injured on the job have the responsibility to notify their employer as soon as a Texas work injury occurs. Work injuries must be reported within 30 days from the date of the work injury or within 30 days from the date the workplace injury becomes apparent.
Workers who do not report their workplace injury within the specified time-frame may forfeit their rights to Texas workers’ compensation benefits.
Work injury notice may be given in writing or verbally, but it must be given to the employee’s supervisor or management, not a co-worker. The notice should include the employee’s name, address and phone number, the date and time of the work injury date, the location the workplace injury occurred, a description of how the work injury occurred and whether or not there were any witnesses. Additional forms (the TWCC-41form) must also be filed with the employer.

For more information about Workers’ Compensation in Texas you can contact the Texas Workers’ Compensation Commission at the address listed below:

Texas Workers’ Compensation Commission
4000 South IH 35
Austin, TX 78704, (512) 448-7900 or (800) 252-7031



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!




Pennsylvania Workers’ Compensation

Pennsylvania workers who are injured while performing their normal job duties may be entitled to workers’ compensation benefits under the Pennsylvania Workers’ Compensation Act. Worker comp benefits in Pennsylvania, which are paid for by the Pennsylvania employer, are provided by private insurance companies or the State Workers’ Insurance Fund and provide medical benefits and wage loss compensation to workers who are injured at work performing their normal job duties.

The Pennsylvania Workers’ Compensation Act was passed to ensure uniform requirements for the protection of injured employees. Workers’ compensation has eliminated the right of the injured employee to file any additional personal injury lawsuits to seek additional compensation (in most cases). If a worker’s injury was caused by the actions of a third party or a defective product the worker may have additional legal rights.

Hiring a Pennsylvania Workers’ Compensation Lawyer

Pennsylvania workers’ comp lawyers are available to discuss you work comp case at any stage of the process. Many workman compensation cases can be complex, and it is important to have an experienced employment lawyer evaluate your Pennsylvania workers’ compensation case to ensure that all of your appropriate benefits are explored.

Workers compensation laws in Pennsylvania can be complicated. Whether you need information about a disability status, a hearing, filing a petition or adjudication, a Pennsylvania workman’s comp lawyer can help.

Not all injured employees will need legal help, but if your Pennsylvania work injury is severe or permanent or if you have been denied Pennsylvania workers’ compensation benefits, a Pennsylvania employment lawyer is ready to work with you to make sure you get the work comp benefits you deserve.

Work Injuries Covered Under Pennsylvania Workers’ Compensation

Most common work injuries or occupational illnesses are covered under Pennsylvania workers’ compensation as long as the work injury occurred while the employee was performing their normal job duties.

Common work injuries and occupational illnesses which are generally covered by workman’s comp in Pennsylvania can include the following:
• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Not all injuries are covered under workman’s compensation. Employees, who intentionally injured themselves or others, who were intoxicated when they are injured, who failed to follow standard safety procedures or who were travelling to and from work may not be entitled to Pennsylvania workers’ compensation benefits.

Pennsylvania Workers’ Compensation Benefits

Pennsylvania workers’ compensation provides a variety of benefits for injured Pennsylvania workers. Work comp benefits can include: temporary total disability benefits (TTD), permanent partial disability benefits (PPD), medical benefits, vocational rehabilitation and death benefits.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits may be paid to workers who are either partially disabled either temporarily or permanently and are able to return to a modified-duty or a job which is lower paying than their prior job.

Employees who are working but who have lost wages due to their work injury may be entitled to PPD benefits paid as a percentage of the difference between the worker’s previous and current wages. PPD benefits are paid for 500 weeks.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits are paid to Pennsylvania workers who have missed at least 7 days of employment due to a work injury. The first 7 days are not compensated unless the worker misses 14 days of work.

Employees may receive 104 weeks of temporary total disability payments before the employee is required to submit to a physician evaluation. If the employee remains 50% or more disabled based on the physician’s assessment as determined by the Guides to the Evaluation of Permanent Impairment they will continue to receive payment until the disability ends or the physician determines the employee is no longer at least 50% or more disabled.
Workers who are less than 50% disabled may be entitled to permanent partial disability payments (which are limited to 500 weeks of benefits).

• Death Benefits

Death benefits may be paid to eligible surviving beneficiaries of the deceased worker. Beneficiaries may include: a spouse, minor children, and a dependent adult child or parent. To be eligible for death benefits the deceased worker must have died as a result of their Pennsylvania workplace injury or occupational illness within 300 weeks from the date of the work accident or the exposure which caused the occupational illness.

Death benefits may include weekly wage loss compensation benefits which are a percentage of the deceased employee’s benefits. The spouse may be entitled to benefits until they die or they remarry. Children may receive their death benefits until they are 18 years of age or until 23 years of age if they are a full-time student.

Death benefits can also include $3,000 for funeral expenses.

• Vocational Rehabilitation

Vocational rehabilitation is provided to certain eligible injured employees who are unable to return to their previous employment due to a work injury. Vocational rehabilitation services vary by state but are used to help employees either return to their previous job or find suitable employment given their current physical health limitations.

• Medical Benefits

Medical benefits are provided to Pennsylvania workers who are injured in a workplace injury. Medical expenses which may be paid by the Pennsylvania work comp insurance can include: medical supplies, prescription medications, surgeries, hospitalizations, doctor’s visits and laboratory services.

Under Pennsylvania work comp law, employees may have the right to choose their own physician unless their employer has posted a list of doctors at the workplace. If a doctor’s list is posted, the employee must choose from this list for the first 90 days. The employer may have the right to refuse to pay for medical expenses if the employee does not see a doctor from the list.

• Specific Loss Benefits

Specific loss benefits may be paid to workers who have lost the use of certain body parts. This can include disfigurement and scarring of the face, neck and head.

Refer to Pennsylvania Workers’ Compensation Act, Section 306(c), for the specific list of injuries and compensation allowed. For example, if an injured worker loses the use of their foot they may be entitled to 250 weeks of specific loss compensation benefits.

Medical evidence must be presented to support the worker’s case. Talk to a Pennsylvania work comp lawyer for more information if you have suffered a permanent body loss.



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!




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.



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!










 LeadRival LP BBB Business Review


Online Marketing for Lawyers


Attorneys:   Join Our Network