Understanding Workers Compensation Laws

Ohio Workers compensation lawyers from The Donahey Law Firm in Ohio provide an overview of workers compensation to help you better understand how the laws work.

Workers Compensation Overview

Workers compensation laws are designed to provide medical and disability benefits to injured workers and their dependants without regard for fault while protecting employers from personal injury lawsuits. Workers give up their rights to sue the employer for work related injuries except when the employer has intentionally injured the worker or has violated safety regulations.

In Ohio there are two agencies that govern the workers compensation laws: the Ohio Bureau of Workers Compensation (BWC), and the Ohio Industrial Commission. The BWC deals with the administration and payment of claims.  The Industrial Commission is responsible for dealing with contested claims and appeals which are handled at hearings. Ohio worker compensation laws require that all employees’ workers compensation claims are handled by a Managed Care Organization (MCO) that has been assigned by the insurance company.  Often, the MCO will file the claim after the injured worker has sought medical treatment but it is the employee’s responsibility to make sure that a claim has been filed. This can be done online by visiting the BWC’s site (www.ohiobwc.com). An injured worker should always notify the employer immediately after a workplace injury has occurred.  Once the claim has been filed, the BWC's decision to allow or deny your claim will occur within 28 days.  The MCO should provide the information needed to process your claim and will make the decisions regarding medical treatment.  If your claim has been allowed, your benefits will be paid to you through the insurance provided by your employer.  If your claim is denied or contested, you will have to attend a hearing to defend your right to benefits.

With very limited exception, all Ohio employers are required to carry insurance for their employees and most employers are covered under the BWC state fund; other employers are self-insured and pay premiums to private insurance companies which provide essentially the same benefits. Under the Ohio workers compensation laws, injured workers are eligible for coverage of their medical expenses, including rehabilitation programs, wage-loss and disability coverage. Wage loss benefits cover workers who are either temporarily or permanently disabled and help to bridge the gap between workers pre-injury or illness wage-earning capacity and reduced earning capacity caused by their workplace injury or illness. Death benefits are available to families who have lost a love one to a workplace injury or illness.

The Donahey Law Firm offers a free initial consultation for your workers compensation questions. If you have been injured at work or suffer from a work-related illness in Ohio, contact our lawyers today at 800.686.1699 to schedule an appointment or complete our contact form online for a call from one of our experienced Ohio workers compensation attorneys.