Workers’ Compensation Benefits in Ohio is a great way to help cover medical expenses and lost wages if you were injured or became ill at work. This includes payments for medical bills and some lost wages. You will receive compensation if you are eligible regardless of who was at fault for the injury. But once you get the compensation, you can no longer file a lawsuit against your employer for damages.
There were 4,764 fatal work injuries recorded in the United States in 2020 alone. But were they eligible for the claim? Let’s find out.
Generally, there are some eligibility requirements if you want Workers’ Compensation Benefits in Ohio:
- You should be an employee
- Your employer should have workers comp insurance in place
- You get a work-related injury
- You have met the respective state’s deadline to file the injury claim
Let’s discuss all these eligibility requirements to get Workers’ Compensation Benefits in Ohio:
You Should be an Employee
When talking about workers’ compensation eligibility, not all workers are employees. In particular, independent contractors normally aren’t entitled to workers’ comp benefits. Employers often try to misclassify their employees as contractors in order to avoid paying them for workers’ compensation in case of injury.
Workers’ compensation laws in Ohio protect employees by requiring employers to carry Workers’ Compensation Insurance to cover the costs of work-related accidents or injuries. Workers’ compensation insurance is designed to provide certain wage replacement benefits and medical care while the injured worker recovers from a temporary injury. Workers’ compensation benefits are not available for all types of injuries.
Remember, even if you signed the 1099 tax form, you would still be eligible as an employee – often, such disputes end up in court. Normally, courts look at the amount of control you have over your work. At the same time, volunteers are not eligible for the workers’ comp benefits.
Your Employer Should Have Workers Comp Insurance in Place:
Most employers are required to have workers’ compensation coverage. The employer is bound to provide coverage depending on the type of business and the number of employees it has.
Some states have different agricultural or construction businesses requirements. Oftentimes, employers buy workers’ comp insurance even if it is not legally binding on them. Typically, state laws allow such employers to “opt-in” to the workers’ comp system. In that case, their employees may get benefits for injuries that occurred at the workplace, but they cannot do legal proceedings against their employers.
You Get a Work-Related Injury:
In simple words, if you are performing job-related activities to benefit your employer and some injury occurs, this is termed as the work-related injury. For example, if you were lifting boxes as part of your job at the workplace, and you injured your back, then you are eligible for the workers’ compensation in Ohio.
In some cases, these issues are difficult to conclude. For instance, if you were injured during a lunch break or while spending time with your colleagues at the worksite.
Meeting the Deadline to File a Claim to Get Workers’ Compensation Benefits in Ohio:
If you get a work-related injury and file the claim within the given deadline, then you will be compensated. Workers in Ohio and most other states must file a Workers’ Compensation claim within one year of the date of injury.
Once your claim is approved, you can receive benefits for medical treatment and care (including hospital stays and medication), lost wages, and vocational rehabilitation. Workers’ comp benefits in Ohio may also include death and survivor benefits (for the spouse and children of a deceased worker). However, workers’ comp benefits are often paid for a limited time, and your employer is required to try to get you back on the job.
If you fall into all the above eligibility requirements, there is a chance that you will not qualify for the Workers’ Compensation Benefits in Ohio. , if you fall in one of the below special categories:
- Agriculture Workers
- Domestic Workers
- Loaned or Leased Employees
- Seasonal or Casual Workers
- Undocumented Workers
Speak With Your Lawyer Today to Claim Workers’ Compensation Benefits:
Suppose your employer says that you’re not eligible for workers’ comp benefits because of the independent contractor exemption, fitting into one other category like being a volunteer or seasonal employee, etc. In that case, it’s important to speak with an experienced lawyer who can help you get your compensation.
Call us if your employers or insurance company has denied your valid workers’ comp claims and Workers’ Compensation Benefits in Ohio.