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Workers’ compensation is there to offer financial assistance and medical benefits to employees who suffer work-related injuries or illnesses. Ohio workers’ compensation helps these individuals get the care they need during these difficult times.
Ohio workers’ compensation laws outline the rights and responsibilities of both employees and employers to ensure everyone is treated fairly. Let’s look at what is included in the laws and how it can affect the claims process in the state.
Workers’ Comp in Ohio
The Ohio Bureau of Workers’ Compensation (BWC) oversees the workers’ comp program in our state. Along with that organization, the Ohio Revised Code (ORC) Chapter 4123 contains all of the laws mandated under state statutes.
Most Ohio employers are required to carry some type of workers’ compensation insurance. Under the law, companies with one or more employees need an insurance policy, or they can request to self-insure. Employers can find coverage through the state-run Ohio Bureau of Workers’ Compensation.
The state covers almost all employees, from full-time workers to seasonal help. However, independent contractors are excluded unless the business has classified them as employees.
Ohio workers’ compensation covers injuries and illnesses that happen during the person’s employment. These conditions can range from traumatic injuries resulting from accidents to occupational diseases.
What Benefits Are Employees Entitled Under the Law?
When workers become injured or ill due to a work-related accident or job duties, they are entitled to certain benefits. In the state of Ohio, these include:
Medical Benefits
After an employee is injured or becomes ill, they will need medical treatment. Workers’ compensation covers all the necessary medical care to treat these issues, including doctor visits, therapy, surgeries, and follow-up care. There is no cap on the amount of benefits a worker may be entitled to for the medical treatments that they receive.
Wage Replacement
When workers are unable to work due to injury or illness, they are entitled to wage replacement benefits. Ohio’s workers’ comp program offers several types of wage replacement benefits, such as temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD), and permanent total disability (PTD). These benefits help with the workers’ lost wages as they recover from an illness or injury. In cases like these, workers can receive around two-thirds of their weekly wages.
Vocational Rehabilitation
Sometimes, a worker may be unable to return to their previous position due to their injury or illness. In these cases, our Ohio workers’ compensation program offers vocational rehabilitation services, which can help injured workers find gainful employment. These individuals can enroll in retraining or additional education classes to get help with job placement.
Death Benefits
If an occupational illness or workplace injury leads to the death of an employee, then their surviving family members may be entitled to death benefits. In most situations, these dependents can receive compensation for the burial and funeral costs of their loved ones. They can also receive financial support in the form of replacement for the deceased worker’s wages.
Workers’ Rights in Ohio
Along with the rights to medical care and wage replacement, the Ohio Bureau of Workers’ Compensation (BWC) contends that our state’s employees have a few more rights. Ohio workers’ compensation laws afford workers who are injured or become ill due to their job the right to file a claim provided they’ve reported their injury incident or illness to their employer. There is a one-year deadline to make this report to the BWC, but workers who need their benefits will want to start the process right away.
Ohio law protects employees from retaliation by their employer for filing a workers’ compensation claim and participating in any investigatory efforts that may occur thereafter. Employers cannot engage in any activities, such as harassment or termination, to retaliate against the employee who files a claim.
Employees have the right to seek legal representation to assist with their workers’ compensation claims. From the start of the initial filing process through disputes or appeals, they cannot be denied legal assistance.
Additionally, employees have the right to access information about their workers’ compensation claim, including the status of it, the benefits they are entitled to, and any decisions made by the BWC or the Industrial Commission of Ohio. Employers cannot hide this information from their worker.
Employer Responsibilities Under Ohio Law
According to Ohio workers’ compensation laws, employers must make sure that their employees are protected in the event of a work-related injury or illness. First, all employers must have a workers’ compensation insurance policy or, if self-insured, manage their own funds to cover potential claims. If a business does not have a policy, it can be subjected to fines from the Ohio Bureau of Workers’ Compensation. In serious cases of non-compliance, criminal charges may even be filed by the state.
All employers must inform employees of their right to workers’ compensation benefits and the process for reporting injuries. Whether stated in employee handbooks, workplace postings, or training sessions, all workers need to be aware of their rights and the steps to take to file a claim.
Employers are required to report workplace injuries and illnesses to their insurance carrier or the BWC. In these situations, the employer is required to fill out a First Report of Injury (FROI) form within one week of becoming aware of an employee’s work-related injury or illness. If the employer fails to abide by these laws, the Bureau could fine them.
Rights During the Appeals Process
Ohio’s workers’ compensation system outlines steps for handling disputes and appeals to make sure there is a fair resolution between employees, employers, and the BWC.
When a dispute arises over a workers’ compensation claim, whether it concerns the approval of the claim, the extent of benefits, or the duration of payments, the first step is an internal review. The BWC may reassess the claim, request additional information, or consult with medical professionals to resolve the issue. Often, many disputes can be resolved during this time without a formal hearing.
After that, disputes may need voluntary mediation. A neutral mediator can help the injured worker and the employer reach a mutually acceptable agreement.
If the internal review or mediation does not resolve the dispute, the injured worker has the right to file an appeal. This appeal must be submitted to the Industrial Commission of Ohio within 14 days of the BWC’s decision. If the appeals process does not yield any satisfactory results, then both parties have the right to appeal the matter to the higher courts, including the Ohio Court of Appeals and the Ohio Supreme Court.
These Ohio workers’ compensation laws make sure that injured workers receive the care and compensation they need as they recover. Additionally, it helps protect employers from excessive liability. These laws are in place to ensure fair treatment of all parties in the state.