Ohio Workers’ Comp FAQs

Workers' compensation is paid for by the employer. Most employers pay premiums to obtain coverage through the Ohio Bureau of Workers' Compensation (BWC), which administers the state's workers' comp program. However, some employers may apply to the Ohio BWC to be authorized to act as a self-insured employer, meaning they handle and pay for workers' compensation claims directly.

Regardless of the method, the responsibility to provide workers' compensation coverage falls on the employer, ensuring employees are protected in cases of work-related injuries or illnesses.

To file a claim for workers’ compensation in Ohio, you must first report your injury to your employer and seek medical attention from a certified doctor or medical provider. Your doctor will conduct an independent medical examination and complete a First Report of Injury (FROI) form, which initiates the claim process.

You or your employer can then file this form with the Ohio Bureau of Workers' Compensation. Your managed care organization (MCO) should help coordinate your medical care and ensure that all necessary documentation is submitted. Once the Ohio BWC receives your claim, they will review it and notify you of the next steps.

In Ohio, an injured employee must file a workers' compensation claim within one year from the date of the injury. For occupational diseases, employees have up to two years from the date of diagnosis to file a claim.

It is crucial for injured workers to adhere to these timeframes to ensure they receive the benefits they are entitled to.

If your workers’ comp claim is denied, you have the right to appeal the decision. The first step is to file an appeal with the Industrial Commission of Ohio. You must do this within two weeks (14 days) of receiving the BWC decision.

You will then need to appear at a hearing before a Staff Hearing Officer of the Industrial Commission to present your case. If the appeal is successful, the BWC decision may be overturned. If the appeal is denied, you can continue to seek further appeals within the Ohio workers’ compensation system.

Once an injured worker requests a reconsideration of their workers' compensation claim, the Industrial Commission typically schedules a hearing within 45 days of the appeal. At the hearing, the Staff Hearing Officer will review all evidence and arguments presented. A written decision should be issued within seven days of the hearing, providing a detailed explanation of the ruling.

Maximum Medical Improvement (MMI) is a term used in workers’ compensation to indicate that an injured worker’s condition has stabilized and is unlikely to improve any further with additional medical treatment. When medical providers determine that an employee has reached MMI, it means that the injuries have healed to the fullest extent possible. 

Reaching maximum medical improvement can affect the type and amount of benefits the injured worker is eligible to receive moving forward.

Ohio workers’ compensation benefits can cover a range of needs for injured workers. You may be entitled to medical expenses, which include costs for treatment, rehabilitation, and necessary medical equipment. If you're unable to work temporarily due to your injury, temporary total disability (TTD benefits) can provide income replacement during your recovery. In cases where the injury results in a permanent inability to work, permanent total disability (PTD benefits) are available. 

Other benefits may include compensation for permanent partial disability (PPD), wage loss, and vocational rehabilitation to help you return to work.

In most cases, you do not have to pay back workers’ comp benefits received for medical expenses, temporary total disability, or other benefits you received if your claim is valid. However, if it is later determined that the benefits were paid in error, or if you receive a settlement from a third party for the same injury, you may be required to reimburse the workers' compensation insurer. 

In Ohio, workers' comp cases are generally considered public record, meaning certain information about the claim can be accessed by the public. However, specific details, such as personal medical information and sensitive data, are protected to maintain the privacy of the injured worker.

If you have concerns about the confidentiality of your workers' compensation case, it's best to consult with an attorney to understand what information is publicly accessible and what remains confidential.

No, workers' comp does not pay full wages in Ohio. Instead, workers’ compensation benefits provide a portion of your lost wages. For temporary total disability, you receive 72% of your full weekly wage (FWW) for the first 12 weeks, followed by about 66%, or two-thirds, of your average weekly wage (AWW) up to a state-mandated maximum.

This is designed to offer financial support while you recover from your work injury, but it will not equal your full pre-injury earnings.

Yes, you can still receive workers' comp if you go back to work but are working fewer hours or in a different capacity due to your injury. If your work injury makes you unable to perform your previous job duties and you are earning less than before, you may be eligible for wage loss benefits. These benefits help compensate for the difference in earnings, ensuring you receive financial support even if you return to employment but are unable to work at your full capacity.

In Ohio, the duration for collecting workers’ comp benefits depends on the nature and severity of your injury. For temporary total disability, you can receive payment until you reach Maximum Medical Improvement (MMI) or return to work. If you are awarded permanent total disability, you may receive payment for life.

Wage loss benefits and other types of compensation, like payments for permanent partial disability, have specific time limits based on individual cases. Always consult with an experienced workers' compensation attorney to understand the specifics of your eligibility and payment duration.

The time it takes to process a workers' comp claim in Ohio can vary. After filing a claim, it typically takes about 28 days for the Ohio Bureau of Workers' Compensation to make an initial determination. However, the overall timeline can be extended if there are disputes or additional evidence is required. From there, factors that determine how long the entire process will take depend on whether the decision is denied, the length of the appeals process, and the time it takes to reach a final decision.

Working with an experienced attorney can help expedite the process by ensuring all necessary documentation is accurately submitted and by effectively handling any appeals or hearings that may arise. This professional guidance can help streamline your claim and potentially shorten the waiting period for your benefits.

How long it takes to receive your workers' compensation check also varies depending on the specifics of your claim and the processing time. Once your claim is approved, you can typically expect to receive your first payment within 14 days. For ongoing benefits, payments are usually issued biweekly.

If you reach a settlement, however, the timing for receiving your settlement check can range anywhere from a few weeks to several months after the agreement is finalized.

Workers' compensation payments are typically issued biweekly. Once your claim is approved and your benefits start, you can expect to receive payments every two weeks. This regular schedule ensures that injured workers receive consistent financial support while they recover.

No, taxes are not taken out of workers’ compensation checks in Ohio. These benefits are generally exempt from federal and state income taxes, providing full financial support without deductions. This tax-free status helps ensure that injured workers receive the maximum benefit amount they are entitled to during their recovery period.

Though it is not legally required, having a workers' compensation attorney can be highly beneficial, especially if your case is complex or involves disputes. If you file a claim without legal assistance, you may face a greater risk of delays, denials, or receiving inadequate benefits. 

Workers' comp law can be difficult to navigate without the help of a seasoned professional. An experienced Ohio workers’ compensation attorney can help ensure your claim is filed correctly, gather necessary medical evidence, and represent your interests effectively. If your claim is denied, your attorney can also help you file an appeal and represent you in hearings. Overall, hiring an attorney increases your chances of being appropriately compensated and navigating the entire legal process much more smoothly.