Workers' Compensation: Ohio

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kevin Hess, Fisher Phillips

Summary

• All Ohio employers that pay premiums into the state insurance fund, together with all employers electing to pay compensation to injured employees or their dependents are required to post the Ohio Workers' Compensation Fund Poster in the workplace. See Notice Requirements.
• Workers' Compensation under the Ohio Revised Code is the exclusive remedy for personal injury or death of an employee due to a work accident or occupational disease. Most employers are required to carry workers' compensation insurance provided by the Ohio Bureau of Workers' Compensation, depending on their status. See Covered Employers.
• Most employees are protected by workers' compensation insurance, unless they fall into one of several enumerated categories of exceptions. Individuals who work as independent contractors may also be covered, depending on an evaluation of their duties. See Covered Employees.
• Only injuries or occupational diseases that arose out of and in the course and scope of employment are considered compensable. See Compensable Injuries.
• Employers who wish to dispute claims for workers' compensation benefits may argue for one or more defenses to claims made by employees. See Employer Defenses to Workers' Compensation Claims.
• Injured or ill employees are entitled to all medical treatment necessitated by compensable injuries. Injured workers have free choice of treating physicians so long as their choice of physician meets a certain requirement. See Medical Benefits.
• Other types of benefits, including wage replacement, may be available to qualified workers' compensation benefits recipients. See Other Benefits.
• The Ohio Bureau of Workers' Compensation is the administrative agency for workers' compensation. It makes all initial determinations in cases involving state-funded employers. Disputed claims may be appealed to the Ohio Industrial Commission. See Claims Procedure.
• Ohio law prohibits retaliation against employees who make claims for workers' compensation, but requires employees to notify employers of their intention to file retaliatory discharge claims within a certain time following their termination from employment. See Retaliation for Workers' Compensation Claims.