Ohio Workers' Compensation
Most Ohio employers are required to carry Ohio workers' compensation or workman's compensation insurance for their employers. Ohio workman's comp provides injured workers who qualify for coverage medical benefits, wage loss compensation, vocational rehabilitation and death benefits (if the employee dies from their work injury).
Workman's comp in Ohio was created to help employees who are either temporarily or permanently disabled. Ohio Workers' comp has eliminated the need for employees to sue their employer for compensation by filing a personal injury claim and instead, allows the worker to recover benefits immediately for their work injury.
The goal of Ohio workman's compensation is to provide reasonable compensation to all injured employees. Ohio employees give up their right to sue for most work injuries in exchange for limited but immediate medical benefits and wage loss compensation. In exchange, the employer provides work comp benefits to the employer without claiming or accepting any responsibility for the workplace injury.
Hiring an Ohio Workers' Compensation Lawyer
Ohio workers who have been injured in a workplace injury can file their own Ohio work comp claim or they can hire an Ohio employment lawyer to help. Workers' compensation claims for minor work injuries may be settled fairly easily, but for severe or permanent injuries it may be a good idea to seek legal help.
Worker comp attorneys in Ohio can also help Ohio workers who have been injured by a third party or who have faced workplace discrimination or harassment as a result of their Ohio workplace injury.
Need legal help getting benefits for your Ohio workers compensation case? Simply complete our free form below to get started today!
Work Injuries Covered Under Ohio Workers' Compensation Laws
Most workplace injuries which occur while the employee is engaged in normal work duties are covered under Ohio work comp law. Common workplace injuries can include:
- Bone fractures
- Carpal Tunnel Syndrome
- Torn Rotator Cuff
- Torn Meniscus
- Bulging disc
- Asbestosis exposure
- Post Traumatic Stress Disorder (PTSD)
- Chronic Obstructive Pulmonary Disease Cancer
- General Anxiety Disorder
Ohio workplace injuries which occur while an employee is travelling to and from work, engaged in horseplay, attempting to intentionally injure another employee or who is injured due to intoxication from alcohol or drugs may not be covered.
If you have been denied Ohio workers' compensation benefits, discuss your workman's compensation claim with an Ohio work comp lawyer.
Ohio Workers Compensation Benefits
Medical Benefits - All necessary and reasonable medical benefits including payment for doctor's visits, hospitalizations, prescribed medications, physical therapy and medical supplies are provided to Ohio employees who have been injured at work. Pursuant to Ohio BWC Rules, an injured employee has the legal right to choose their own health care provider, but it is important to ensure that the doctor is a BWC Certified Provider.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to injured employees who miss more than 7 days of work as a result of their Ohio workplace injury. TTD payments are made while the injured worker is unable to work and are paid at 72% of the worker's full weekly wage for the first 12 weeks they can not work. If the worker is unable to work for 13 weeks or more they are paid 2/3 of their average weekly wage.
TTD benefits can be paid to an Ohio employee if they are 1) unable to work and they have documentation from their treating physician verifying this fact; 2) they have not reached their maximum medical improvement level; and 3) there is not another job provided by their employer that they could work given their current physical limitations.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) are paid to Ohio employees who are injured and have reached their maximum medical improvement level but continue to have permanent impairments.
PPD benefits are not automatic, and it is up to the employee to file for their PPD award.
PPD benefits are calculated based on the American Medical Association's annual guide and are paid in lump sum payments based on the percentage of the employee's impairment. Impairment awards are higher if the employee has lost a high degree of flexibility, function, range of motion or is suffering severe pain from their workplace injury.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to Ohio employees who suffer a permanent and total disability and are unable to return to work. PTD benefits are paid based as a percentage of the Ohio employee's average weekly earnings for the 52 weeks prior to their work injury.
Prior to awarding PTD benefits, the Industrial Commission will consider an Ohio employee's vocational factors including their age, education level, and work history as well as physical, psychological and sociological factors.
Employees who have suffered a permanent loss of both of their eyes, arms, legs, feet and hands may be immediately entitled to permanent total disability payments.
Contact an Ohio workman's comp lawyer for more information about your work injury. PTD benefits may be paid for the duration of the employee's life and are offset by Social Security Disability benefits.
Death Benefits - Death benefits are paid to the surviving beneficiaries (spouses and children) of an Ohio employer who has died from their work injury or occupational illness. Death benefit payments are made to the surviving spouse of the deceased employee from the date of the employee's death until the spouse dies or they remarry. If the spouse remarries they will receive a death benefit lump sum payment equal to 2 years.
Dependent children may receive death benefit payments until they reach 18 years of age or 25 yeas of age if they are receiving a full-time educational degree.
Death benefits may be paid at the rate of 75% of the deceased worker's average weekly wage for the 52 weeks prior to the workplace injury (up to an allowable maximum). Death benefits can also include burial benefits which are paid up to the Ohio state's maximum of $4,000.
Vocational Rehabilitation Benefits - Vocational rehabilitation services may be offered to employees who have been injured and are unable to return to their previous employment.
Vocational rehabilitation services can vary by state, but in Ohio, the goal of these services is to help the employee prepare for a job, to find a new job and to increase job retention by finding a job that is consistent with an employee's strengths and physical and mental limitations.