In 1912, the Ohio Constitution was amended to provide a method by which injured workers could be compensated for their work-related injuries in a quick, efficient and adequate manner. Prior to this amendment, workers did not have the ability to be compensated for their work-related injuries.
The Workers’ Compensation Act is a mandatory act that requires all employers to participate. The Act also requires all injured workers to proceed through an administrative system in order to receive compensation and medical payments for their work-related injuries.
When a worker suffers a work-related injury, the Workers’ Compensation Act sets forth the exclusive means by which the worker can receive compensation for the injury. The Act is a “no fault” system – it does not matter who is to blame, as long as the employee is injured in the course and scope of their employment duties. Because the worker is able to collect benefits regardless of who is at fault, the worker gives up his or her right to sue the employer for work related injuries. The only exception is if the employer “intentionally” injures the worker.
Injured workers may be entitled to a myriad of benefits. For example, if a work-related injury causes a worker to miss time from work, the Workers’ Compensation Act provides a method for the payment of wages. Medical bills for treatment of the work-related injury are also paid. But the benefits provided in the Act do not stop there. The Workers’ Compensation Act provides other forms of benefits ranging from rehabilitation programs to permanent disability and death benefits.
All applications for benefits and compensation are made to an administrative agency of the State of Ohio – The Bureau of Workers’ Compensation (BWC). If either the injured worker or the employer disagrees with any decision made by the BWC, they have a right to appeal that decision to the Industrial Commission of Ohio. At the Industrial Commission, hearings are held to determine if benefits and/or compensation should be made available to the employee.
Do I Really Need a Lawyer?
The process of filing and managing a Workers’ Compensation claim can be an extremely involved and complicated matter. To ensure that all forms of compensation are secured for the injured worker, it is advisable to seek the advice and counsel of an attorney with knowledge of the system. At The Sesny Law Offices, LLC, we are dedicated to zealously representing injured workers and their families. We have not and will not represent employers or insurance companies who attempt to deny benefits to people who are injured at work.
The BWC uses lawyers to assist in the claim process.
Employers use lawyers to protect their interests in the claim process.
So ask yourself this question: If the handling of a Workers’ Compensation claim was as easy as employers and the BWC would have you believe, why do they have lawyers on their side?
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