Ohio Workers’ Compensation Laws: An Overview
Workers’ compensation law is founded on humanitarian principles and, in the interest of justice, provides benefits for those who unfortunately suffer work-related injuries. Ohio workers’ compensation laws were established through the Ohio Bureau of Workers’ Compensation (Ohio BWC) to create a system that would be beneficial to both employees and employers in the following ways:
- The employer contributes money to a common fund available to all employees and in return is immune from full liability if an employee is injured during the course of employment.
- The employee surrenders the right to recover full damages for a work-related injury and in return will quickly receive compensation benefits to help them toward a speedy recovery, regardless of any action by the employee that may have led to the injury.
When you have been hurt on the job, our team at Philip J. Fulton Law Office can help you recover. We are prepared to guide you through your compensation claim and keep you informed about the process and the benefits you need.
What Is The Purpose Of Workers’ Compensation Laws?
Because the workers’ compensation fund is held in trust for claimants, conservation of money in the fund is not a legitimate basis for denying compensation to deserving injured workers. Ohio workers’ compensation laws do not, however, create an insurance fund to provide benefits to injured employees in general; it covers only injuries that arise out of employment. Workers’ compensation laws are meant to provide reasonable compensation benefits to all injured workers. The goal, therefore, is not to award full compensation to only those employees injured due to employer negligence while denying coverage to employees injured by other causes.
Compensation Provided By Workers’ Compensation Laws
The Ohio General Assembly has, through the establishment of certain workers’ compensation laws, created a means to compensate injured workers. The first law (R.C. & 4123.56) provides compensation for temporary total disability when a worker is temporarily unable to return to their former position. In addition, the employee’s former position is held until they are able to return to work. This workers’ compensation law also provides compensation to an injured employee who suffers a loss of wages as a result of being unable to return to their former position of employment. Injured workers who are unable to find employment due to physical restrictions arising from the injury also qualify for compensation under this law.
The second of the Ohio workers’ compensation laws (R.C. & 4123.57) provides compensation for partial disability resulting from the injury. This is calculated based on a percentage of the injured worker’s permanent disability plus any scheduled losses (such as inability to use the fingers).
The last of the Ohio workers’ compensation laws (R.C. & 4123.58) provides compensation for permanent total disability until the injured worker’s death. Death benefits are also covered under this law.
In addition to the compensation listed above, every injured worker in Ohio is entitled under workers’ compensation laws to medical benefits, nursing and hospital services. These medial benefits would be covered by the Ohio Bureau of Workers’ Compensation.
How You Can Benefit From Workers’ Compensation
Workers’ compensation laws provide numerous benefits to employees and employers. Employees receive compensation coverage for workplace injuries that covers medical benefits and medical expenses covered by comp insurance. This way, an injured worker can meet with a medical provider at minimal cost to themselves, and they are also entitled to compensation insurance coverage for Wage Loss due to temporary or permanent disability, safeguarding their financial stability. The benefit of this system is that it can tend to all types of injuries in the workplace and ensure injured workers receive the support they need. Self-insured employers also need to provide similar benefits to ensure consistent worker protection.
Defending Your Employee Rights
Under workers’ compensation laws, employees have several rights, including the right to receive medical treatment from a qualified medical provider and compensation for wage loss due to temporary or permanent disability. Workers have the right to file an injury report that entitles them to types of compensation that cover lost income and medical expenses. We can help you file for your compensation benefits and minimize the time and effort it takes to receive these benefits. If your employer is interfering with the process of your workers’ compensation claim or failing to provide you with the benefits you deserve, let us fight for your best interests after your accident.
Additional Information On Workers’ Compensation Laws
For additional reading on the Ohio workers’ compensation system, you may refer to workers’ compensation attorney Philip J. Fulton’s work in “Ohio Workers’ Compensation Law, 2nd Ed,” (LexisNexis). More information can be found at the Ohio BWC, or you may contact the Philip J. Fulton Law Office at 614-963-9569.
Purchase Fulton’s “Ohio Workers’ Compensation Law, 2nd Ed,” or its CD-ROM version.
Purchase Fulton’s “Ohio Workers’ Compensation Law Handbook” (softbound).
Contact Us To Schedule A Free Consultation
The Philip J. Fulton Law Office is experienced at handling many types of workers’ compensation claims, including construction accidents, wrongful death, exposure to harmful materials, injuries resulting from inadequate training, and repetitive motion injuries. To meet with one of our skilled attorneys to discuss workers’ compensation laws and your legal entitlements, contact the Philip J. Fulton Law Office today.