The Bureau of Labor Statistics confirmed that in 2022, Ohio private industry employers reported 88,600 non-fatal workplace injuries and illnesses. While the incident rates in Ohio are lower than the national average (2.3 cases per 100 full-time equivalent workers versus the national rate of 2.7), the rate in 2022 was not significantly higher than the previous year. At Graham Law, our Zanesville workers’ compensation attorneys have provided valuable legal assistance to workers in Ohio with respect to workers’ compensation claims. Contact our law firm for a free consultation if you require legal assistance.
What Is Workers’ Compensation?
In Ohio, workers’ compensation is a legislated benefit that provides financial assistance for workers who have been injured or become ill due to their job. Workers’ compensation is administered by the Ohio Bureau of Workers’ Compensation (BWC) and offers medical benefits to cover the costs of treatment and rehabilitation for work related injuries or illnesses and it can also provide a portion of lost wages if you’re unable to work due to your medical condition. It is a program for all employees in the state of Ohio and is intended to act as a safety net for employees who experience unforeseen health issues as a result of their job.
Who Is Eligible for Workers’ Compensation in Ohio?
In Ohio, most employees are eligible for Workers’ Compensation Benefits (WCB) if they have sustained a job-related injury or illness on the job. There are some eligibility limitations with regards to WCB. For example, if injuries are caused by specific circumstances such as fighting or horseplay, violation of established company policy’s or being under the influence of drugs and alcohol then the employee may not be able to secure WCB. The Ohio Revised Code (ORC) and the Ohio Administrative Code (OAC) have a distinctive yet interconnected role in workers’ compensation claims in Ohio. The ORC establishes the foundation for the workers’ compensation system in Ohio including things such as eligibility criteria, benefits, claim filing procedures and appeals process. The OAC provides more specific rules and procedures with respect to specific forms and documentation, deadlines, processes for medical treatment and guidelines for determining eligibility for specific benefits.
What Types of Benefits Are Covered Under Workers’ Compensation?
You can refer to more detailed information on Workers’ Compensation Benefits in one of our earlier posts. In a nutshell, we can categorize the WCB as medical benefits, wage loss benefits and death benefits.
- Medical Benefits: This includes things like doctor visits, hospital stays, prescription medication, surgeries, rehabilitation treatments and possibly home and vehicle modifications as needed as they relate to work-related injury or illness.
- Wage Loss Benefits: this may include things like Temporary Total Disability (TTD), Permanent Partial Disability (PPD), Permanent Total Disability (PTD), living maintenance, and living maintenance wage loss.
- Death Benefits: in the event of death of the employee, their dependants may be eligible for financial assistance for things like funeral expenses and weekly benefits. Graham Law was involved in a case that resulted in a Supreme Court case where the Industrial Commission awarded death benefits to Amanda Carpenter, a fiancé.
It’s important to note that eligibility for specific benefits may vary depending on the circumstances of your situation. We always recommend you consult with a workers’ compensation attorney as early as possible for legal guidance in this matter. In order to receive these benefits, the employee must first file an application with the BWC and receive a claim number. The BWC will then start requesting information from the employer and medical treatment providers to determine if it’s a legitimate claim or not. The BWC will then publish a decision or refer to the Industrial Commission (an independent body of the BWC) to determine eligibility. If you believe that you may be eligible for WCB, contact our Zanesville workers’ compensation attorneys for a free consultation.
Types of Injuries and Occupational Diseases Covered by WCB in Ohio
Let’s begin by reviewing the types of injuries that apply in these types of cases. There are physical injuries and there are occupational diseases. Physical injuries are sudden injuries that result from a specific incident or event at work. These may include things like broken bones, cuts, laceration, back strain caused by lifting heavy objects, burns, acute hearing loss due to an explosion, etc. Occupational diseases, on the other hand, are illnesses or conditions that gradually develop from repeated exposure to harmful substances, conditions, or repetitive work activities over time. Some examples of occupational diseases include respiratory illnesses caused by inhaling dust, fibers or chemical agents, skin conditions like dermatitis from frequent contact with irritants or cancers linked to specific workplace exposures to things like chemicals or radiation or carpal tunnel syndrome from too much typing.
An Overview of the WCB Claims Process in Ohio
If you are an employee who has been injured on the job in Ohio, we recommend you consult with a workers’ compensation attorney as soon as possible to assist with your claim. There are many nuances to processing these types of claims, and an attorney can assist with providing valuable legal guidance you need to secure the compensation you deserve. Once you’ve spoken with your attorney, here is an overview of what you can expect the process to look like:
- Reporting the injury: Reporting the injury to your employer within the prescribed limitation period. Your employer may file a First Report of Injury (FROI) on your behalf, but you can also file the FROI online, mail or by phone with the BWC. At this stage, it’s wise to reach out to a workers’ compensation attorney.
- Investigating your claim: The BWC will then assign a claim service specialist to investigate your claim. This process involves gathering medical evidence as well as information from you and your employer. You may be subjected to additional medical examinations and/or supporting additional documentation such as wage statements.
- Claim decision: In most cases, the BWC will issue a decision within 28 days if your claim has been approved or denied. If approved, you will receive your benefits according to your specific situation. There is also a chance your claim may be denied in which case, your attorney may advise you on whether it’s worth pursuing an appeal or not.
It’s important to note that every case is unique from one another. This overview is a very rudimentary overview and exceptions may apply based on your individual circumstance. For this reason, we recommend you consult with a workers’ compensation attorney for legal assistance when dealing with these types of claims.
How Can a Workers’ Compensation Attorney Help With WCB Claims?
Having a workers’ compensation attorney who is well versed with laws in Ohio, can ensure that all conditions related to the work accident are recognized in the claim, not only for potential compensation in the future, but also for ongoing medical treatment. A workers’ compensation attorney can also assist in the event that your claim is denied by the WCB. Having an attorney on your side also ensures that you’re given the proper legal guidance to help navigate the complexities in this area of law.
Contact Our Zanesville Workers’ Compensation Attorneys for a Free Consultation
Graham Law has an office in both Zanesville and Cambridge, Ohio but we can assist clients regardless of where you reside in Ohio. Get started with a free consultation today and let us help you get the compensation you deserve. We have been serving individuals in Ohio for over 100 years with exceptional legal services and are pleased to serve you.
