My Employer says I was Not on the Job: Cincinnati BWC claims
Understanding "On The Job" Injuries
Many individuals contact us after being injured at work, only to find their employer or the Bureau of Workers' Compensation (BWC) disputes the work-relatedness of their injury.
In Ohio, a compensable injury must occur "in the course of and arising out of employment." This is a two-part test, and the requirements can sometimes overlap.
Factors for Work-Relatedness
Most Ohio BWC claims are not contested regarding the course and scope of employment. However, when such issues arise, a claim can become quite complex.
Generally, an injured worker needs to demonstrate "work connectedness" to their accident to succeed. This involves evaluating several factors.
Key Considerations for Your Claim
Factors considered in determining if an injury was "on the job" include, but are not limited to:
- The nature of the employment contract
- The time of the accident
- The location of the accident
- Whether the employee was "on the clock"
- Any benefit the employer received from the employee’s presence at the accident scene
- The degree of control the employer had over the accident
If the BWC or your employer is contesting your workers' compensation claim, feel free to use the form below or call one of the experienced attorneys at Mckenzie & Snyder LLP at 513-737-5180.
Written by Andrew Tobergte
