Workers’ compensation is a legal requirement for nearly every Ohio employer with at least one employee. Under Ohio Revised Code (ORC) Chapter 4123, all employers must secure workers’ compensation insurance coverage through the Ohio Bureau of Workers’ Compensation (BWC) or, for larger businesses, seek approval to self-insure. Employers who fail to carry workers’ compensation insurance risk severe penalties, leaving employees unprotected if they are injured on the job.

An experienced workers’ compensation attorney can ensure that injured workers understand their rights under Ohio law and receive the maximum compensation they deserve after a workplace accident or occupational illness.

Who Is Covered?

Ohio law extends protection under the workers’ compensation system to a wide range of employees, including:

• Full-time and part-time employees
• Minors and seasonal workers
• Household workers earning $160 or more per quarter
• Some independent contractors, depending on job classification

Certain groups, such as sole proprietors without employees, may elect not to carry workers’ compensation insurance, but for most workers, coverage is required. This ensures that when you’ve been injured at work, you can file a workers’ compensation claim and receive benefits without worrying about how to pay mounting medical bills or cover lost wages.

Covered Injuries and Exclusions

If you suffer a work-related injury or occupational illness while “in the course and scope” of employment, you may be eligible for workers’ compensation benefits. Covered injuries include:

• Accidental injuries from workplace accidents
• Occupational diseases such as repetitive stress disorders
• Aggravations of pre-existing conditions worsened by your job duties

However, under workers’ compensation law, claims may be denied if the injury results from:

• Intoxication or illegal drug use
• Fighting, horseplay, or intentional self-harm
• Violation of company safety policies

If your claim has been denied, a dedicated workers’ compensation lawyer on our team can help file an appeal and fight for the compensation you deserve.

How to File a Claim

If you’ve been injured on the job, time is critical. To file a claim for workers’ compensation benefits in Ohio:

1. Notify your employer immediately after the injury or illness.
2. File a First Report of Injury (FROI) with the BWC within one year of the date of injury.
3. Submit all required medical exams and documentation to the workers’ compensation insurance providers.

For injuries that occurred before September 29, 2017, a two-year filing deadline applies. Having a legal team with experience helping injured workers throughout the state ensures that your claim is properly handled from the start.

Types of Claims

Ohio recognizes two primary workers’ compensation claims:

• Medical-Only Claim: Covers medical bills for treatment when the injured employee misses fewer than eight days of work.
• Lost-Time Claim: For workplace injuries that keep the employee away from work for more than eight days, providing wage replacement benefits.

Both claim types require careful documentation, and workers’ compensation lawyers also ensure that insurers and employers honor their obligations.

How Compensation Is Calculated

Workers’ compensation benefits are based on your Average Weekly Wage (AWW), calculated by dividing your total wages in the 52 weeks prior to your injury by 52. Compensation may include:

• Temporary Total Disability (TTD): Paid when you cannot work at all. This is typically two-thirds of the difference between your pre-injury wages and post-injury earnings.
• Partial Disability: For those able to return to work with restrictions.
• Permanent Disability Benefits: Awarded after maximum medical improvement (MMI) when injuries cause lasting limitations.
• Vocational Rehabilitation: Assists injured workers without the ability to return to their previous occupation.
• Scheduled Loss Awards: Lump sums for permanent loss of use of certain body parts.

These benefits ensure that injured workers throughout Ohio receive compensation that covers both medical expenses and lost income.

Appeals and Hearings

If your claim is denied, don’t give up. Workers who have suffered a work-related injury or illness can appeal. The process includes:

• District Hearing Officer (DHO) review of your claim.
• Staff Hearing Officer (SHO) review if further appeal is needed.
• Industrial Commission review for final administrative decision.
• Court appeal, if necessary, under ORC Section 4123.512.

A compensation attorney with experience helping injured workers throughout the state can represent you at every level of appeal, ensuring your rights of workers are fully protected.

Why You Need a Workers Compensation Lawyer

Insurance companies and employers often try to limit payouts or deny claims. A workers’ compensation lawyer ensures that:

• You understand your rights under workers’ compensation law.
• Your injury claims are filed correctly and on time.
• Independent medical exams are fairly conducted.
• You obtain compensation for lost wages, medical bills, and vocational rehabilitation.
• You achieve the maximum compensation available under the law.

At Spears & Marinakis, LLC, our staff and attorneys are committed to fighting for the rights of injured workers throughout Ohio. We represent injured workers in all types of workers’ compensation claims, helping them recover compensation and the benefits they need.

Spears & Marinakis, LLC: Experienced Ohio Workers’ Compensation Attorneys

Our law firm has a proven record of helping workers secure the compensation they deserve after being injured on the job. With decades of experience, our team of workers’ compensation attorneys has represented thousands of workers’ compensation claims and personal injury cases across Southern, Central, and Southwest Ohio.

We help clients with:

• Workers’ compensation benefits
• Personal injury claims
• Social Security Disability

Unlike many firms, we provide a free consultation to discuss your claim, so you know your options before moving forward.

Frequently Asked Questions About Ohio Workers’ Compensation

Is my compensation taxable?
No, workers’ compensation benefits are not taxable, but speak with a tax professional for personal advice.

What if my claim is denied?
Denied workers’ compensation claims can be appealed. Our legal team can help you file your claim again and fight insurers.

What does compensation include?
Workers’ compensation benefits may cover medical bills, lost wages, disability compensation, and vocational rehabilitation.

How long will my claim remain open?
Most claims remain active for five years after your last payment or approved treatment.

Do I need to hire a workers’ compensation lawyer?
Yes—workers’ compensation lawyers also help ensure that insurance providers treat you fairly and that you achieve the maximum compensation possible.

Speak With an Experienced Workers’ Compensation Attorney Today

If you’ve been injured at work, don’t face the workers’ compensation system alone. The employer’s insurance may not fully protect your rights, and without proper representation, you risk losing the benefits you need.

At Spears & Marinakis, LLC, our dedicated workers’ compensation legal team is here to help you get the compensation you deserve. We offer a free consultation to discuss your case and will guide you through every step of the process.

Contact us today to file a claim for workers’ compensation benefits and secure your future.

Spears & Marinakis, LLC

122 S 4th St, Ironton, OH 45638

740-532-6913

https://www.spearsmarinakis.com