Employees in Ohio should have a basic understanding of their rights under the state’s workers’ compensation laws. This includes the right to receive wage replacement and medical benefits through Ohio’s workers’ compensation system if injured on the job, as well as the possibility of settling an approved workers’ compensation claim. While the law does not require an employee to be represented by an attorney, getting legal counsel is often a good idea when considering a settlement.
Eligibility for Workers’ Comp Settlements
Ohio’s workers’ compensation system provides financial assistance for individuals injured on the job. In order to be eligible, the injured worker generally must have been employed by the company at the time of the injury. Part-time workers and seasonal workers are generally eligible for coverage, but independent contractors usually are not.
In addition, the injury or occupational illness must have arisen out of and in the course of employment. This includes many work-related travel situations. The employee should report the injury to the employer as soon as possible and file a workers’ compensation claim with the Ohio Bureau of Workers’ Compensation (BWC). Ohio law generally allows up to one year from the date of injury (or diagnosis of an occupational disease) to file a claim.
Workers’ Comp Claim vs. Workers’ Comp Settlement
Ohio’s workers’ compensation system provides benefits to employees who suffer work-related injuries or illnesses. An employee who is injured on the job should notify their employer and file a claim within the applicable deadline. If the claim is allowed, the worker may receive payment for medical treatment and wage replacement benefits if they are unable to work because of the injury. Benefits continue as long as the worker remains eligible under Ohio law.
Many injured workers eventually recover and return to work. Others may have lasting impairments or ongoing medical needs. In Ohio, an injured worker may choose to settle an allowed workers’ compensation claim. A settlement is an agreement to resolve some or all aspects of the claim in exchange for an agreed-upon payment. Depending on the terms of the settlement, it may close the claim and end the worker’s right to future benefits related to that claim.
How Does a Workers’ Compensation Settlement Work?
A settlement in an Ohio workers’ compensation claim is a formal agreement between the injured worker and the employer. The Ohio Bureau of Workers’ Compensation administers most claims, while some large employers are self-insured and pay benefits directly. A settlement resolves the claim, usually in exchange for a lump-sum payment.
Although most settlements involve a single payment, the parties may agree to other payment arrangements in certain circumstances.
When an employee agrees to a settlement and it becomes final, the claim is generally closed in accordance with the terms of the agreement, and the employee typically gives up the right to receive future benefits covered by the settlement.
Temporary vs. Permanent Disability – How do they Differ?
The typical workers’ compensation claim involves an injury that temporarily prevents a worker from performing their job. In Ohio, an injured worker may be eligible for temporary total disability benefits if the allowed injury prevents them from working.
Some work injuries result in lasting impairment. For example, an employee may suffer the loss of vision, the loss of use of a limb, or a traumatic brain injury. Depending on the circumstances, the worker may qualify for permanent partial disability or permanent total disability benefits under Ohio law. The nature and extent of any permanent impairment, along with future medical needs and other factors, may affect the value of a settlement.
What Is the Settlement Procedure?
The settlement process generally begins when either the injured worker or the employer proposes settling the claim. After that, the process typically includes these steps:
- The parties review the medical records, claims history, and other relevant information to evaluate the claim.
- The injured worker (and their attorney, if represented) and the employer negotiate settlement terms. The Ohio Bureau of Workers’ Compensation may also participate when applicable.
- The parties agree on a settlement amount and other terms.
- A written settlement agreement is prepared and signed.
- In Ohio, workers’ compensation settlements generally must be submitted to the Ohio Bureau of Workers’ Compensation or the Industrial Commission for approval under Ohio law.
- After the settlement becomes final, payment is issued.
What’s Included in a Workers’ Compensation Settlement?
There is no set formula for a workers’ compensation settlement, and every case is different. Settlement negotiations often take into account the severity of the injury, potential future wage replacement benefits, future medical expenses, the likelihood of ongoing disability benefits, and other factors affecting the value of the claim. Attorney fees may also be considered.
Nurenberg, Paris, Heller & McCarthy Can Help You Pursue Full and Fair Compensation
The Cleveland law firm of Nurenberg, Paris, Heller & McCarthy has experience representing injured Ohio residents in workers’ compensation cases. We believe that every person has the right to work in a safe environment and receive fair compensation for their injuries.
If you have injured yourself while on the job anywhere in the state, our workplace injury lawyers are ready to help you pursue all appropriate benefits. Contact the Cleveland workers’ compensation lawyers at our firm today for a free consultation.
