Ohio Workers Compensation - A Guide
The Ohio Workers Compensation program is a system of no fault insurance created statutorily by federal or state government to allow for a more efficient economy. The government places a legal duty upon all businesses to provide insurance for their employees for any work related injuries, but exempts them from negligence suits for such injuries.
The State of Ohio implemented a system for Ohio Workers Compensation in 1924, with an amendment of Section 35 of the Ohio Constitution to provide “compensation to workmen and their dependents, for death, injuries, or occupational disease, occasioned in the course of such workmen’s employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state…Such compensation shall be in lieu of all other rights to compensation, or damages…and any employer who pays the premium…shall not be liable to respond in damages at common law or by statute…”
So in plain English, the Ohio Constitution mandates an Ohio Workers Compensation system which provides for:
Workers Compensation to employees for any work related injury, death, or occupational disease
Establish an Ohio Workers Compensation fund to be administered by the state and funded by employer premiums
Exempt employers who participate in the Ohio Workers Compensation fund from liability for work related injury, death or occupational disease under common law or statute
Although you do not need to be represented by an Ohio Workers Compensation lawyer in order to receive your benefits, it is highly recommended. The Ohio Workers Compensation system is quite technical and many procedures must be followed in order to recover your maximum benefits. In order to prevail on a claim, an employee must fill out several forms correctly, file them in the appropriate locations, provide wage and job description information when requested, attend hearings as instructed, and attend medical examinations when required. Failure to complete any of these obligations may result in the denial of your claim, and leave you uncompensated for a legitimate work related injury or occupational disease.
Copyright 2008 - Harry S. Bernstein, Esq. (800)-930-9882 - 50 Public Square #801 Cleveland, OH 44113
