I was hurt on the job: Can I collect Ohio Workers' Comp?

Understanding Ohio Workers' Compensation

Ohio workers’ compensation work comp is occupational insurance. If your injury is covered, your medical bills may be paid. You may also receive cash for lost wages and disability for conditions caused by the work injury.

Covered Injuries Under Ohio Law

Ohio law provides compensation for injury, occupational disease, and death. To be covered, there must be proof of two things:

• You have the condition.
• It is work-related.

Whether you injure your low back, neck, knee, shoulder, or foot, you must prove a “causal relationship” between the condition and your job.

Injuries Without a Specific Accident

In the landmark case, Village v. General Motors Corp., the Ohio Supreme Court held that injuries developing over time are compensable. For example, if you regularly shovel gravel and develop a lumbar sprain as a result, you may have a claim.

The absence of a specific accident, like a slip and fall, does not prevent an Ohio workers’ compensation claim. In fact, repetitive or cumulative trauma claims are quite common.

Aggravation of Prior Injuries

Aggravation of old injuries or conditions are also compensable under Ohio law. However, effective October 11, 2006, injured workers must prove that the aggravation was “substantial.”

Such aggravations must be documented by “objective diagnostic findings, objective clinical findings, or objective rest results.” Subjective complaints alone will not be enough.

Psychological Injuries and Work Comp

This is a common question. The short answer is that psychological injuries are compensable provided there is a physical injury associated with it.

For example, if you break your leg and cannot work, experiencing constant pain and deep depression, the depression would be compensable. This is because it arises from the physical condition.

The definition of “injury” under Ohio work comp law does not include psychiatric problems that are caused solely by emotional distress.