Protect your right to medical care and wage benefits after a workplace injury in Ohio
Ohio law requires most employers to carry workers’ compensation insurance through the state-run Bureau of Workers’ Compensation (BWC). If you’re injured on the job, you could be entitled to coverage for medical treatment, lost wages, and disability benefits—regardless of who caused the injury. This guide explains the process and your legal rights under Ohio’s system.
No one expects to go to work and come home injured—or not come home at all. But even in the Buckeye State, workplace injuries happen daily. However, most Ohio employees are covered under workers’ compensation insurance, which is designed to help cover your costs until you’re back to the daily grind again.
What industries have the most workplace injuries in Ohio?
The profession with the highest rate of workplace injuries in Ohio is nursing and healthcare support. This primarily affects nursing assistants, home health aides, and hospital workers who experience musculoskeletal injuries like back and shoulder problems from lifting and moving patients. They also suffer from slips, trips and falls, along with violent incidents, mostly in hospital emergency departments and nursing homes.
However, other industries are also affected, including:
- Construction workers, particularly roofers and laborers
- Transportation and warehouse workers, due to heavy lifting and equipment accidents
- Manufacturing and factory workers who suffer machine-related injuries
- Truck drivers, who experience vehicle crashes and overexertion injuries
Comparing these industries, though, the U.S. Bureau of Labor Statistics (BLS) and Ohio Bureau of Workers’ Compensation (BWC) statistics show that while healthcare support jobs consistently have the highest number and rate of injuries in recent years, construction and transportation injuries tend to be more severe.
Ohio workplace fatality rates
Although healthcare has the highest rate of injury, the statistics look a little different when it comes to Ohio workplace fatalities.
These industries have the highest rates of workplace fatalities in Ohio:
- Construction, caused by falls from heights, struck-by incidents, and electrocutions
- Transportation and warehousing, including highway crashes, loading/unloading accidents, and long hours that lead to fatigue-related deaths
- Agriculture, forestry, fishing and hunting, including machinery accidents, tractor rollovers, animal-related injuries, and falls
- Manufacturing, such as caught-in/-between machinery accidents, explosions, and chemical exposures
- Utilities, such as electrocutions or falls during maintenance or installation work
In other words, construction leads in the number of workplace deaths, while agriculture and transportation lead in death rates (meaning risk per worker).
Ohio workers’ compensation laws
You may be entitled to workers' compensation benefits if you suffer a workplace injury or illness in Ohio.
Workers’ comp is no-fault insurance, which means employees can receive medical treatment and wage loss support without needing to prove their employer was at fault or negligent.
This benefits both the worker and employer. For the worker, it means fewer steps are necessary to receive compensation quickly—bills can be paid and they have money in place of wages for the time they’re out of work recovering. For the employer, it means avoiding what could be a lengthy and costly litigation proceeding. Workers’ comp is an exclusive remedy, so if an employee is eligible for workers’ comp benefits, they aren’t permitted to file a lawsuit against the employer for negligence for the same injury. Although a worker isn’t required to prove negligence—and you can still receive benefits if you’re an employee who was injured because of your own mistake—you could be disqualified from a claim based on certain actions, like being intoxicated at work.
However, if your injury was caused by your employer’s violation of a specific workplace safety law, you could be entitled to an additional award of 15–50% on top of your regular benefits.
An injury could be anything... from a nasty cut from an accidental scissor mishap to a fall from scaffolding on a construction site.
When you make a workers’ compensation claim, you need to prove that:
- The injury happened at your workplace. This could include injuries that are not directly related to your job. For instance, if you work in an office and trip over someone’s phone cord while walking to the bathroom, this could be a compensable injury under workers’ compensation because it happened at work.
- An off-site injury was from work-related tasks or duties. If your job responsibilities take you off the site and you’re injured elsewhere, you’re still entitled to workers’ compensation if you were engaged in work-related duties. For example, if you’re required to visit a showroom to pick up samples and a box falls on you, causing an injury, you can claim workers’ compensation in that situation.
Third-party lawsuits
There are very limited circumstances when a work-related injury claim can be handled outside the workers’ compensation system.
One is a third-party lawsuit. While you can’t file a lawsuit against your employer for negligence, you can file a lawsuit against another person or entity whose negligence caused your injury. For example, if you’re a delivery driver and you’re in a vehicle accident while working, this could give rise to a third-party lawsuit. If the other driver’s negligence caused the crash and you were seriously injured, you could file a lawsuit against that person—the third party—for damages for your injuries. This is often the best strategy when the injury is severe and includes damages not covered under workers’ compensation, such as pain and suffering or emotional distress.
Note, however, that you can’t “double dip.” If you received workers’ compensation benefits and subsequently file a third-party lawsuit, either your damage award would be reduced according to the amount of workers’ comp benefits you received or you might be required to repay the amount of benefits after receiving a damage award.
Ohio is a monopolistic state
Ohio is a monopolistic state for workers’ compensation, so an employer must obtain coverage directly through the Ohio BWC, rather than through a private insurer.
For the most part, any employer with one or more employees must have workers’ compensation coverage. This include full- or part-time employees or seasonal workers.
Benefits available under Ohio workers’ compensation
- Medical treatment, including doctor visits, surgery, therapy, medications, and medical equipment.
- Wage replacement, which is payment for lost wages if you are temporarily or permanently unable to work.
- Permanent partial or total disability benefits, or compensation for lasting physical impairments.
- Death benefits as support for dependents if a workplace injury or illness results in death.
- Vocational rehabilitation, or job retraining services to help injured workers return to the workforce.
An employer is allowed to offer light-duty jobs during recovery. If you refuse a reasonable light-duty assignment, you could lose eligibility for some wage loss benefits.
Common types of workplace injuries and illnesses covered under Ohio workers’ compensation
- Traumatic physical injury, such as fractures, burns, or lacerations
- Repetitive strain injuries, like carpal tunnel syndrome
- Occupational illness from exposure to substances like asbestos or other dangers
- Psychological conditions like PTSD, only if they stem from a physical injury
- Aggravation of a pre-existing condition if it was worsened by work activities
How to file an Ohio workers’ compensation claim
1. Obtain a medical evaluation
- Medical treatment is your first priority after an injury
- Be sure to let your provider know that it’s a work-related injury so this is noted in your medical chart
- The provider should complete a First Report of Injury (FROI) form during or following your examination
2. File the FROI form
Either you, your employer, or your healthcare provider may submit the First Report of Injury form at the BWC website, by phone through the BWC automated line, or by mail or fax using a printed form. The form must be submitted within one year of the date of injury or diagnosis of occupational disease.
3. Wait for your BWC claim assessment
Yes, waiting can be hard. But you should receive a written order that approves or denies your claim within 28 days of its submission. The BWC assigns a claims service specialist to review your case, including medical records, employer reports and the facts of the accident.
4. Begin to receive benefits, if approved
Once approved, you can expect payment of your medical bills, temporary total disability benefits if you’re not yet able to return to work, and other wage-loss benefits if you’re working in a reduced capacity.
5. If you’re denied, file an appeal
If your workers' comp claim is denied or you believe the benefits offered are insufficient to cover your expenses, you have 14 days in which to file an appeal with the Industrial Commission of Ohio. This will result in a hearing, at which time you may present additional evidence such as medical testimony and accident reports. There are subsequent levels of administrative review for further appeal if necessary.
When do you need an Ohio workers’ compensation lawyer?
You’re always entitled to consult with an Ohio workers’ comp attorney if you feel you need to. But these are some situations when it would be in your best interest to seek a lawyer’s guidance:
- Your injuries are severe or permanent
- Your employer disputes the claim
- The BWC denies your application
- You are considering a third-party lawsuit
- You are pursuing a claim that your employer violated a specific workplace safety law
The Ohio workers’ compensation system is meant to provide financial protection and medical care for employees hurt on the job. However, filing a claim correctly—and understanding your rights—is crucial to receiving the full benefits to which you’re entitled.
If you have questions or face challenges with your claim, seek legal advice early in the process.
Did you know that workers' compensation law varies by state?
Need a lawyer?
The basis for personal injury law is fairly straightforward:
If you're injured because of someone's negligence, then you're entitled to recover for your financial losses related to the injury.
The premise for the workers' compensation system is similar:
Your employer is required to have specific insurance that provides benefits if you're injured at work.