Getting hurt on the job can upend your life. Between the physical pain, the uncertainty about your income, and the pressure to get back to work, it’s easy to feel overwhelmed by a system that’s supposed to help you. Ohio’s workers’ compensation system is one of the largest state-funded programs in the country, but navigating it is rarely straightforward.
Below, the Cleveland workers’ compensation attorneys at Nurenberg, Paris, Heller & McCarthy answer some of the questions we hear most often. If you have additional questions or need help with your claim, contact us today for a free consultation.
What is workers’ compensation?
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. In Ohio, the system is administered by the Ohio Bureau of Workers’ Compensation (BWC). The program is designed to cover medical treatment, replace a portion of lost wages, and provide disability benefits, without requiring the injured worker to prove that their employer was at fault. In exchange, employees generally give up the right to sue their employer for negligence.
Who is eligible for workers’ compensation in Ohio?
Nearly all employees in Ohio are covered by workers’ compensation, regardless of whether they work full-time, part-time, or seasonally. Ohio law requires virtually every employer to carry workers’ compensation coverage. However, there are some groups that may not be covered, including:
- Independent contractors (though some workers misclassified as independent contractors may actually qualify as employees under the law)
- Self-employed individuals and sole proprietors who have not elected coverage
- Certain domestic workers and agricultural laborers in limited circumstances
If you are unsure whether you are covered, an attorney can help you determine your eligibility based on the specific details of your employment.
What should I do after a workplace injury?
Taking the right steps immediately after a workplace injury can make a significant difference for your claim:
- Report the injury to your employer as soon as possible. Ohio law requires you to notify your employer of a workplace injury or illness. Failing to report promptly can jeopardize your claim.
- Seek medical treatment right away. You have the right to choose your own doctor in Ohio, but your provider must be certified by the BWC for your treatment costs to be covered. In an emergency, go to the nearest hospital regardless of BWC certification.
- File a First Report of Injury (FROI). This form initiates your workers’ compensation claim with the BWC. It can be filed by you, your employer, your doctor, or an authorized representative.
- Document everything. Keep records of your medical visits, your symptoms, any time missed from work, and all communications with your employer and the BWC.
How long do I have to file a workers’ compensation claim?
In Ohio, you have one year from the date of your workplace injury to file a claim with the BWC. For occupational diseases, such as conditions caused by long-term exposure to harmful substances, the one-year deadline generally begins on the date you are diagnosed or first receive treatment (whichever is most recent). Missing this deadline can permanently bar you from receiving benefits, so it’s important to act quickly.
What benefits are available under Ohio workers’ compensation?
Ohio’s workers’ compensation system provides several categories of benefits depending on the nature and severity of your injury:
- Medical Benefits: The BWC covers all medically necessary treatment related to your workplace injury, including doctor visits, surgery, hospitalization, physical therapy, prescription medications, and medical equipment. These benefits continue for as long as treatment remains medically necessary.
- Wage Loss Compensation: If your injury allows you to return to work but only in a limited or lower-paying capacity, you may be eligible for wage loss benefits to make up the difference.
- Temporary Total Compensation: If your injury prevents you from working temporarily, total temporary compensation replaces a portion of your lost wages.
- Permanent Partial Disability: If you recover but are left with a lasting impairment, the BWC assigns a percentage based on a medical evaluation. Your benefit is calculated using that percentage and your previous wages.
- Permanent Total Disability: If your injury leaves you permanently unable to perform any type of sustained employment, you may qualify for lifetime PTD benefits.
- Death Benefits: If a worker dies as a result of a workplace injury or illness, their dependents may be eligible for benefits, as well as reimbursement for funeral and burial expenses.
Can I choose my own doctor?
Yes. Ohio law gives injured workers the right to choose their own physician. However, your doctor must be certified by the BWC for your treatment to be covered. If you visit a provider who is not BWC-certified, you may be responsible for paying those medical bills yourself. The one exception is emergency treatment—if you need emergency care, go to the nearest hospital regardless of BWC certification, and the costs should still be covered.
If you are unhappy with your current doctor or want to switch providers, you can submit a Notice to Change Physician through the BWC.
What if my workers’ compensation claim is denied?
Claim denials are common, but a denial does not mean your case is over. Common reasons for denial include filing errors, disputes over whether the injury is work-related, or insufficient medical documentation. If your claim is denied, you have the right to appeal.
The appeals process in Ohio is handled by the Industrial Commission, which has hearing locations across the state, including in Cleveland—at 615 W Superior Ave # 790.
Having an experienced workers’ compensation attorney represent you at these hearings can make a significant difference in the outcome, as the process involves presenting medical evidence, arguing legal standards, and potentially responding to challenges from your employer or their insurer.
Can I be fired for filing a workers’ compensation claim?
Ohio law prohibits employers from retaliating against employees for filing a workers’ compensation claim. Under Ohio Revised Code § 4123.90, if your employer fires you, demotes you, reassigns you, or takes any other adverse action because you filed or pursued a workers’ comp claim, you may have grounds for a separate retaliation lawsuit. However, workers’ compensation does not guarantee your job will be held for you indefinitely while you recover. If you believe you have been retaliated against, it is important to speak with an attorney right away.
What is an intentional tort claim, and how is it different from workers’ comp?
In most cases, workers’ compensation is the exclusive remedy for workplace injuries in Ohio, meaning you cannot sue your employer for negligence. However, there is an important exception: if your employer acted with deliberate intent to injure you, you may be able to file a separate intentional tort lawsuit outside of the workers’ compensation system.
An intentional tort claim requires showing that your employer deliberately removed a safety guard, intentionally exposed you to a known hazard, or took other actions with the specific intent to cause harm. These cases are difficult to prove but can result in significantly greater compensation than workers’ comp benefits alone, including damages for pain and suffering.
Nurenberg, Paris, Heller & McCarthy has extensive experience handling employer intentional tort cases on behalf of injured Ohio workers.
What industries in Cleveland see the most workplace injuries?
Cleveland’s economy spans a wide range of industries, many of which carry elevated risks for workplace injuries. Workers in the following sectors are particularly vulnerable:
- Manufacturing and Steel Production: Northeast Ohio’s wide-ranging manufacturing industry means thousands of workers operate heavy machinery, presses, and industrial equipment daily. Crush injuries, amputations, burns, and repetitive stress injuries are common in these settings.
- Construction: Cleveland’s ongoing development, including highway projects, commercial building, and residential construction, exposes construction workers to falls, struck-by incidents, electrocution, and trench collapses.
- Healthcare: Hospital workers, nursing aides, and home health professionals face high rates of back injuries from patient lifting, needlestick injuries, and exposure to infectious diseases. Cleveland’s major hospital systems—including MetroHealth, University Hospitals, and Cleveland Clinic—employ thousands of workers in physically demanding roles.
- Warehousing and Distribution: With Cleveland’s position as a freight and logistics hub, warehouse workers face risks from forklift accidents, falling objects, repetitive motion injuries, and overexertion.
- Transportation and Trucking: Commercial drivers and dockworkers face dangers from vehicle accidents, loading and unloading injuries, and long hours that contribute to fatigue-related incidents.
Do You Have Other Questions? Contact Nurenberg, Paris, Heller & McCarthy
If you have been injured on the job in Cleveland or anywhere in Ohio, the workers’ compensation attorneys at Nurenberg, Paris, Heller & McCarthy can help you understand your rights and fight for the benefits you deserve. Whether your claim has been denied, your benefits have been cut off, or you believe your employer intentionally caused your injury, our legal team has the experience and resources to advocate on your behalf.
Contact us today for a free consultation. There are no upfront costs—we only get paid if you get paid.
