How to Bring a Workers Comp Claim in Ohio: Cincinnati and Dayton Area Lawyers

Ohio Workers' Compensation Eligibility

Under Ohio law, a worker injured or contracting an occupational disease "in the course of and arising out of" employment is entitled to workers' compensation. This compensation is payable whether or not the injured worker was negligent or "at fault" for the injury.

Compensation can include various benefits:

• Wage compensation (e.g., "temporary total disability compensation" and "wage loss compensation")
• Payment of medical, chiropractic, psychological, psychiatric, or physical therapy bills
• Awards for violations of specific safety requirements
• Compensation for permanent disability

If an injury or occupational disease causes an employee's death, their dependents may also be entitled to compensation.

Defining an "Injury" Under Ohio Law

The term "injury" encompasses a wide range of conditions. These include sprains, strains, broken bones, lacerations, bruises, amputation, loss of use, disfigurement, loss of hearing and/or sight, and herniated or bulging discs.

It also covers the aggravation or acceleration of pre-existing conditions, such as degenerative disc disease, facet arthropathy, or stenosis. An "injury" does not always result from a specific accident or incident.

Compensable injuries can arise from repeated minor injuries or repetitive trauma. Examples include carpal tunnel syndrome, tendonitis, or even torn muscles, ligaments, or tendons. These are known as cumulative trauma disorders.

Furthermore, "injury" may include psychiatric or psychological conditions like depression. These can stem from a physical injury, occupational disease, or even the anxiety and despair of being unable to work due to physical injury.

Filing a Workers' Compensation Claim

After an injury, workers should seek immediate medical attention. They must also file a "First Report of Injury" (FROI) with the Ohio Bureau of Workers’ Compensation (BWC).

For self-insured employers, this form is known as a "FROI-1." Additionally, an incident or accident report should be filed with the employer. Filing a FROI initiates the workers’ compensation claim process with the BWC.

Under Ohio law, a worker who is injured or contracts an occupational disease “in the course of and arising out of” his or her employment is entitled to workers’ compensation.

Consulting a Workers' Compensation Attorney

If you are injured or contract an occupational disease on the job, it is advisable to consult with a competent workers’ compensation attorney promptly. This can help ensure your claim is allowed to the full extent of your injury and your interests are fully protected.

Please contact the law firm of McKenzie & Snyder LLP (513-737-5180) for a free consultation today. We offer house calls to individuals in Colerain, Mt Healty, Cheviot, Westwood, Hamilton, Fairfield, Lebanon, Loveland, College Hill, Reading, Forest Park, Wyoming, Monroe, West Chester, Batavia, Amelia, Dayton, Fairborn, Springboro, and more.

Written by Andrew Tobergte