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.

Harry Bernstein has been practicing law as an in house counsel as well as with an independent law firm for over 19 years.

If you feel that you can use any of my legal services, I would be happy to meet with you for a no fee initial consultation in our downtown offices or in the comfort of your own home.  Please feel free to contact me at any time to discuss your legal needs.  Please click here for my contact information.