Ohio Workers’ Comp Insurance And Personal Injury Lawsuit

If an employee is injured on the job, the employee is typically required to contact the Ohio workers’ comp system to receive reimbursement for medical care and receive other benefits, including partial wage replacement when they are injured or absent from work due to their injury.

According to Ohio’s employers, workplace injuries and illnesses occurred in 2020. As reported by the Bureau of Labor Statistics, 85,300 nonfatal workplace injuries and illnesses occurred in Ohio in 2020, resulting in an incidence rate of 2.4 cases per 100 full-time equivalent workers.

Do Employers Need to Carry Workers’ Compensation Insurance?

Most employers in the United States are required to have workers’ compensation coverage, either through an employee compensation program or through a third-party insurance company. Some employers also choose to self-insure. The majority of states require employers to purchase workers’ compensation insurance when only one employee is hired. In other states, they are only required to purchase insurance when between two and five employees are hired.

Nevertheless, what should you do if your employer does not carry this type of insurance? A personal injury claim is generally available for employees in your situation.

Are Self-Employed Individuals Covered by Ohio Workers’ Comp?

A sole proprietorship or a member of a partnership must carry workers’ compensation insurance for all employees of the business, but it is optional for business owners to purchase insurance coverage for themselves. Nonetheless, covering yourself is always a good idea.

You may have to pay for expensive medical bills out of pocket if you do not have Ohio workers’ comp, since personal health insurance policies do not usually cover work-related injuries. In addition to paying for some of your lost wages while you recover, workers’ compensation can compensate for some of your lost wages if an injury takes a long time to heal.

Are Part-Time Employees Required to Carry Workers’ Compensation Insurance in Ohio?

When an employee is injured on the job, Ohio employers are required to purchase indemnity insurance. If the employee was injured on the job, benefits would be calculated according to a formula that takes into account how many hours the employee normally works each week.

The Following Are Some of the Advantages of Filing a Personal Injury Lawsuit:

Filing a personal injury lawsuit on a workers’ compensation claim has a few advantages. For one thing, you can collect the full amount of your losses (or “damages,” according to lawyer speak) without being constrained by arbitrary statutory limits. In most states, temporary disability benefits are limited to about two-thirds of a worker’s lost wages, only up to a set maximum amount and for a limited period. Another benefit of a personal injury lawsuit is that you can collect damages for the pain and trauma suffered from your injuries.

The competition does not provide rewards of this kind, including punitive damages, intended to punish the employer for causing your injuries. Punitive damages are an additional option that cannot be recovered in a labor lawsuit.

Potential Disadvantages of Personal Injury Lawsuits:

Litigating, however, has disadvantages. It can be a very slow process. Although a worker may receive workers’ compensation benefits within weeks, it could take lawsuit months or even years to give you any money.

You need a lawyer immediately so that you can initiate the process and ensure that your case is filed within the appropriate legal deadlines, as opposed to workers’ compensation. Workers’ compensation is a no-fault system. However, you will need to prove that your employer was at fault for the injury incident.

Employees Who Are Injured May Also Be Able to Recover Through These Other Methods:

If you have been hurt at a job that is not insured, there are several options for claiming compensation. Many states have special funds set aside for employees whose employers are uninsured (called “uninsured employer funds”). Depending on the fund, you may be able to get the medical invoices paid or receive compensation for the income loss.

A Lawyer Can Help You:

Whenever you have been injured at work and your employer does not have Ohio workers’ comp insurance, your first step should be to seek legal advice from an experienced workers’ compensation or a personal injury attorney. Whether your case is inside or outside the workers’ compensation system, an attorney can help you get the financial settlement you deserve. Our attorneys provide free consultations and do not charge a fee unless you win.