Right out of the gate, Ohio is very different than most other states in term of workers’ compensation so it is great to know how does workers comp work. Not only does Ohio require that every business has workers comp insurance, but they also don’t put the burden of proof on the hurt employee. There are many nuances to handling these workers’ comp claims, so be sure to get started with your claim right away by contacting an experienced workers’ compensation lawyer.
What Businesses Must-Have Workers Comp?
Unlike other states, every business must cover every employee with one exception. Independent contractors do not need to fall under the coverage of an employer’s workers comp insurance.
Are Part-Time Employees Covered?
Yes, part-time employees are covered, but the Ohio Bureau of Worker’s Compensation has strict formulas in place to calculate the availability of certain benefits while working part-time. It does drag out the process, and it could make accessing workers’ compensation more difficult.
If you worked part-time and were hurt on the job, you need legal representation. It’s likely that your case could be swept under the rug instead of being addressed in a timely fashion. Then there is some other exception such as people who earn less than $160 in a three-month range. For example, babysitters or gardeners. This statement was included given the nature of this type of work. Many of these employees aren’t working with employers in a business, but for an individual or a family providing selective services.
What Could Put Your Claim at Risk?
Although Ohio uses a no-fault system, there are still ways than an employer could fight your claim. If you were knowingly violating company policy or lacking common sense, then your claim may not go through. Additionally, if you were purposefully acting out or being inattentive to your work, your claim may not go through successfully.
There’s also the chance of your employer proving that an injury is not as debilitating as it seems. Workers’ compensation companies will frequently hire private detectives to watch claimants. If they catch you carrying out the trash or performing an action that your doctor prohibits, then your claim may fall apart quickly.
Because very small things like housework can ruin your claim, it’s vital that you carefully stick to all of your doctor’s recommendations.
What Does No-Fault Mean?
While it’s not a “he said, she said,” scenario, the no-fault concept opens up the opportunity for a lot of interjection. For example, a worker does not have to prove that their employer was at-fault for the accident. But, by beginning the worker’s comp process, they waive their rights to sue for negligence, which protects the employer. But if an employer was truly negligent, then the system essentially shorts the employee.
No-fault comes with a few other aspects, including circumstances also. It puts a lot more effort on the part of the employer than the employee. Unlike other states, the employer can put forth the effort to prove that the injury didn’t happen at work, or that the employee is taking advantage or manipulating the system. But they’re not in a position to argue about whether the injury happened at all. They can’t say, you didn’t hurt your shoulder, because the worker’s comp insurance will likely cover some portion of the injury anyway.
Ohio Benefits Available to Those Hurt on the Job
The Bureau of Worker’s Compensation helps answer many common questions, but usually benefits questions need a more experienced hand. Your benefits only become available if you are out of work for more than a week and have lost eight working days. So essentially, you need to be out of work for a week and a half before you can apply.
After that, you may receive any number of benefits from a rather long list. The most common benefits options include Temporary Total compensation and Permanent Partial compensation. However, it’s also possible to receive Wage Loss if you experienced payment restrictions because of your limitations at work. You may also receive a Living Maintenance benefit if you’re going through a rehabilitation program.
With over 15 different types of benefit options, you need to speak with a legal professional to understand which benefit options apply to your situation.
Contact A Workers Compensation Attorney in Ohio
Young, Reverman, and Mazzei help people who were hurt in an effort to make sure that they have access to workers’ compensation. Through filing a claim, many people initially receive a denial for a wide variety of reasons. Call now to schedule a meeting to discuss your worker’s comp claim further.