Ohio Worker's Compensation -
What Is It?
Worker's Compensation 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 Worker's 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 Worker's Compensation system
which provides for:
Worker's Compensation to employees for
any work related injury, death, or occupational
disease
Establish an Ohio Worker's Compensation
fund to be administered by the state and funded by employer
premiums
Exempt employers who participate in the
Ohio Worker's 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 legal counsel in order to receive your benefits,
it is highly recommended. The Ohio worker's 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.
My primary goal is
to develop a long term relationship with my clients so
that I can help resolve any legal situations that may
arise.
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