For every employer, including small farms with a small number of seasonal employees, it is necessary in Ohio to have workers’ compensation insurance. You should be filing an Ohio workers’ compensation claim considering your employer has the required insurance, with the Bureau of Workers’ Compensation (BWC) if you got injured or hurt.
The data provided by the Bureau of Labor Statistics (BLS), illustrates that among farmers, agricultural managers, and ranchers the fatality rate was 24 per 100,000 full-time workers. It is from a total of 5,147 fatal work-related injuries in 2017.
What If My Employer Does Not Have Ohio Workers’ Compensation Insurance?
In small farms, survival is only achievable by cutting the expenses as low as possible as these farms do not produce much of a profit. Due to this fact, it is hard for the owner of the farm to have Ohio workers’ compensation insurance. The owner will be fined by the BWC if they have not paid into the state.
The owner not having workers’ compensation insurance will get in your way of receiving the compensation you deserve from the BWC. For situations likes these, the BWC has a funds reserve. As a consequence of broken machine or negligence and the owner not having needed insurance also gives you an option to sue and hold them accountable for your injuries.
What If I Am Told to File With My Health Insurance?
Your uninsured owner may urge you to get medical treatment through health insurance. By doing so, you can get in a lot of trouble. Not only do you have to lie about the cause of your injury to get medical treatment by health insurance, but also you and your employer would be violating the law. This could cost you to lose your health insurance. It is obliged by Ohio law to get compensation through workers’ compensation for on-job injuries, not health insurance.
Farms With No Employees:
It is important for the farm owner to have insurance. However, there is an exception for family farms with no employees. It is not necessary for the owner of a small commercial farm to carry Ohio workers’ compensation insurance if only he and his partner work there.
For the owner of a small farm, medical treatment for an injury could be very expensive without insurance coverage. Just to be on the safe side it is good for the owner to carry optional workers’ compensation insurance. It would help prevent the owner to go bankrupt in case of any serious injury in the future.
Workers’ Compensation Insurance Is Different for Different States:
The employer has workers’ compensation insurance that secures the benefits for the employee. However, depending on the state, each has its standards and rules. If a worker suffering a job-related injury files a worker’s compensation claim and also hires a lawyer to get it approved, they receive medical benefits and a portion of their income.
What Prevents Workers from Accessing Ohio Workers Compensation?
When filing for workers’ compensation benefits, there also come many hurdles for the farmworkers preventing them from securing it. These difficulties consist of the lack of coverage, employers not having appropriate insurance, as well as the hesitation of workers to file a claim in fear of employer punishment. It also constitutes not being able to find a doctor who will help them and keep them off work to allow them to fully recover. However, in order to obtain workers’ compensation benefits, injured workers usually do not get the proper treatment and even go into debt.
Many farmworkers when seriously injured and qualified for benefits resist filing the workers’ compensation claims due to the threats of revenge by the employer. Another reason is also due to the vulnerability of their workers. Although, this is an illegal practice and only a few cases are prosecuted successfully. Many workers would not proceed with their claim rather than putting their jobs at risk due to the fact that undocumented workers are not eligible for federally funded legal services.
Lack of Help from Health Care Providers:
Another obstacle workers face is having difficulty in finding a doctor who will handle their compensation cases and help them recover from their injuries. Many migrant clinics are hesitant to take such cases and some do not have the competency to treat migrant patients well. Moreover, clinics are not fully informed about the compensation laws in their state. Farmworkers released, are asked to return to light duty which only puts them at high risk of re-injuring themselves.
Under Ohio law, if you were injured while working on a farm that requires medical treatment and affects your work, you are eligible to file a workers’ compensation claim. Call us today to get your Ohio workers’ compensation. Our lawyers with extensive experience will help you get the rights you are entitled to and fair compensation for your medical treatments.