Almost all public and private employers in the state of Ohio are required to carry workers’ compensation insurance to pay benefits to employees who suffer injuries at work, according to Ohio Revised Code (ORC) 4123.01.
This means if you suffer an injury on the job and you report it to your employer, you will most likely be eligible for workers’ compensation.
If you were injured at work, contact our workers’ compensation attorneys for a free consultation. We can help you through the process and work to make sure you receive all of the benefits you deserve.
You could receive one or more of the following benefits from the Ohio Bureau of Workers’ Compensation (BWC) or your employer if it self-funds workers’ compensation:
Lump sum settlement – This is an agreement between the employee, employer and the BWC to settle a claim with a one-time payment of a specific amount of money. Once you agree to a lump sum settlement, you cannot receive any additional compensation.
Lump sum advancement – Injured workers receiving permanent total disability, scheduled loss or death benefits can request prepayment of future compensation.
Applicants can request compensation for household bills, tuition for school, handicap lifts for a new or existing van, and other expenses. You must provide supporting documentation showing why you need compensation.
Change of occupation – You could be eligible for this if you were diagnosed with an occupational disease, including asbestosis, coal miners’ pneumoconiosis or cardiovascular disease.
You have to show proof that you have been advised by a doctor to change jobs to avoid exposure to the hazard that caused your illness. ORC 4123.57 explains when the BWC will award compensation for change of occupation.
Living maintenance – This form of compensation is given to injured workers who are active in rehabilitation programs. The BWC issues living maintenance for no more than six months, unless the BWC’s review of the situation finds the worker would benefit by an extension, according to ORC 4121.63.
Living maintenance wage loss – This compensation can only be paid to a worker who has finished a vocational rehabilitation program and continues to have physical limitations, causing him or her to lose wages.
Temporary total – This is for a worker who is totally disabled and unable to work for a short period of time due to an injury or disease. This is often the first type of compensation used to cover lost wages.
Facial disfigurement – This is a one-time award reserved for workers who suffer injuries to the face or head that impair or will impair their ability to retain or seek employment. ORC 4123.57 says injured workers can receive a maximum of $10,000, depending on the severity of the injury. However, this does not prevent workers from obtaining other forms of compensation, including partial disability.
Permanent total disability – This is reserved for workers who sustained an injury so severe that they are permanently disabled and no longer able to work. Workers must attend an examination by the Ohio Industrial Commission to determine if they meet the criteria for a permanent disability. If the worker is approved, he or she can receive this compensation for life.
Percentage of permanent partial disability – This type of compensation is given when a certain amount of permanent impairment is caused by a work related injury, according to ORC 4123.57. A worker who suffered a broken arm and can no longer extend it the full degree could be eligible for this award.
The condition can be psychiatric or physical but the psychiatric condition must accompany a medical condition. This connection must be supported by an independent exam.
Wage loss – Applicants must prove they lost wages or their wages were decreased and that this was caused by the on-the-job injury they suffered.
There are two forms of wage loss compensation:
- Working wage loss – Workers can receive this after returning to work for the old employer or a new one in a position that is different from their former position. Workers must show they have different duties and are working fewer hours for less money than before.
- Non-working wage loss – This is for workers who are cleared to return to work but unable to find employment. Applicants must demonstrate they are making a good faith effort to secure a job given their physical restrictions.
Death benefits – These claims are filed by the dependents of a worker who died because of an on-the-job injury. The amount of money claimants receive depends on the level of support they received while the worker was alive.
There are many ways to apply for death benefits:
- File the First Report Of Injury (FROI) form
- File IC-3019, the Industrial Commission of Ohio Application for Additional Award for Fatal Injury
- Mail a letter to the Industrial Commission if the death occurred after a workers’ compensation claim had been filed
- Call 1-800-644-6292 or the number of your local customer service office
Death benefit claims must be filed within two years of the person’s death, according to ORC 4123.85.
Scheduled loss – This compensation type pays loss benefits for amputation or loss of use of a body part because of a work related injury or occupational illness. Loss of vision or hearing would also apply.
Workers must file Motion (C-86) and include supporting medical evidence to obtain scheduled loss benefits.
The attorneys at O’Connor, Acciani & Levy have received numerous awards and accolades recognizing our high standard of professional excellence and service to our clients. Founding partner Barry D. Levy has received Martindale-Hubbell’s AV® Rating. This is this highest peer-review rating an attorney can receive from Martindale-Hubbell, indicating the highest standard in legal ability and professional ethics.
We have multiple offices in Ohio, including in Cincinnati and Columbus. Our Columbus office is located at 10 W. Broad Street, less than 10 minutes away from the BWC’s Columbus service office.