When Should I Start to Receive Ohio Workers’ Compensation Checks?
Apr 23, 2019
The Ohio Workers’ Compensation program typically issues the first payment on an approved claim within 14 days. Direct deposits or checks should then follow every two weeks until the person is cleared to return to work. All kinds of special cases exist regarding workers’ compensation payments in Ohio, but this pretty well captures the situation for most people.
BUT … The key phrase in the short answer is “on an approved claim.” People who get injured or fall ill on the job in Ohio do not instantly qualify for workers’ comp benefits. Nor do the families of people who die in workplace accidents automatically receive settlements.
Employers and the Ohio Workers’ Compensation program itself can contest a claim. Reasons for denial range from exceeding the statute of limitations for filing the claim to allegedly causing one’s own injury by ignoring safety rules. Partnering with an experienced and dedicated Columbus workers’ comp attorney will help overcome such objections.
Ten important things to keep in mind are
- You must have been engaged in work-related activities when you got hurt or became sick. An employer often argues that an employee who files a workers’ comp claim was not performing authorized tasks.
- Any type of work-related injury, death, or illness can potentially qualify a person for workers’ comp benefits. These include broken bones, sprains, amputations, burns, concussions, lost eyes, loss of hearing, lung disease, skin conditions, and cancers. The key is that the condition must keep the person out of work for weeks or months.
- You have exactly one year — 12 months to the day — from the date of a work-related accident or diagnosis of an occupational illness to request workers’ comp benefits. Consulting with an attorney will clarify when the statute of limitations expires.
- Evidence that you were under the influence or alcohol or drugs, violating work rules, or committing a crime at the time of the workplace accident will instantly disqualify your workers’ comp claim.
- The workers’ comp program will want to see that an accident/incident report was filed with the employer, and findings from the employer’s investigation into the incident will be factored into the decision to award or deny benefits.
- You must support your claim with appropriate medical evidence.
- The workers’ comp program will insist that a living applicant undergo an assessment from a health care provider of its choosing.
- Temporary disability benefits will be capped at 75 percent of your regular pay.
- Approved claims can be settled at your request. A negotiated settlement results in a one-time payment made within two months of the date on which the agreement becomes final.
- Ohio law makes it nearly impossible to file and succeed with a personal injury or wrongful death lawsuit against one’s employer. Filing what is called a third-party claim against a negligent driver or the maker of a defective product may be possible, however. Your Ohio workers’ compensation attorney will explore that option.
If you think you may be entitled to workers’ compensation payments in Ohio, consider asking an Agee Clymer Mitchell & Portman attorney for help. We have decades of experience handling workers’ comp cases, and we maintain offices across the state. To schedule a no-cost, no-pressure consultation, call our Columbus headquarters at (614) 678-3318 or connect with us online.