Workers’ Compensation is an insurance system that exists in all states to protect employees who are injured on the job or contract an illness as a result of their job.
In Ohio, employers are required to pay into the public system, the Ohio Bureau of Workers’ Compensation, or purchase insurance through a private carrier. Simply, if a worker is injured on the job then they can file a claim with the insurer for compensation.
If you are injured on the job, immediately report the injury to your employer then seek medical attention. Usually, you may choose your own medical provider for evaluation and treatment. In some instances however, your employer may be entitled to direct you to a specific medical facility at least for the initial evaluation.
The process is complicated. It may be stressful and time-consuming. Our Workers’ Compensation attorneys will review every aspect of your injury to ensure you receive all compensation to which you may be entitled. With our statewide network of certified medical providers, we will get you the treatment necessary to assist in your recovery. We are your advocate and we will protect your rights as an injured worker in Ohio.
This is provided to compensate an injured worker who is totally disabled from work for a limited duration of time due to a work-related injury or occupational disease. Temporary total compensation is generally the initial award of compensation paid to make up for lost wages.
Some injured workers will have a certain amount of permanent damage (called residual damage) remaining as a result of their injury. Percentage of permanent partial award is often called a C-92 award approved for residual impairment caused by an allowed injury or occupational disease according to ORC 4123.57. Both physical and psychiatric conditions can count as a permanent impairment.
This is paid to an injured worker who has reduced earnings as a direct result of restrictions from the allowed conditions in the claim. To be eligible for wage loss compensation, an injured worker must meet two conditions:
1) Experience a decrease or loss in wages
2) Which is directly caused by the allowed conditions in the claim.
There are two types of Wage loss compensation: working wage loss and non-working wage loss. The former is payable to an injured worker returns to a job other than his or her previous position. The latter is when an injured worker has medical approval to work again, with restrictions, but cannot find suitable employment.
An injured worker qualifies for permanent total disability when s/he is unable to perform sustained lucrative employment because of the allowed conditions in the claim. These benefits compensate the injured worker for the loss in earning capacity. Compensation for permanent total disability is payable for life. After an injured worker has applied for permanent total disability, s/he needs to go to an Industrial Commission of Ohio examination and hearing to see if s/he is eligible for benefits.
This compensation is paid to an injured worker who is actively partaking in an approved rehabilitation plan. These payments are provided to the injured worker in lieu of temporary total compensation. ORC 4121.63 states that BWC will issue a living maintenance compensation for a period no longer than six months in the aggregate, unless BWC’s review shows that the injured worker will benefit from an extension. The claims service specialist is able to issue a living maintenance compensation upon receipt of the vocational rehabilitation agreement and plan.
Per Ohio Revised Code (ORC) 4123.65, a settlement can only be initiated by the injured worker or the injured worker’s representative, the employer or the employer’s representative, or the BWC. The managed care organization (MCO) is not a party to the settlement; thus, the MCO can neither initiate nor advise the injured worker to settle. However, an MCO is allowed to identify potential candidates for pursuit of settlement based on treatment patterns/trends.
If you need assistance with filing for workers’ compensation, or if you are unsure which type of compensation you qualify for, you might need the help of a workers’ compensation attorney in Ohio. The lawyers of Agee Clymer Laret and Mitchell are available for a free consultation for any injured worker wanting to apply for workers’ compensation.