Many people call us and tell us that they were hurt on the job but their employer, or the BWC does not believe the injury was sustained due to work. A compensable injury in Ohio is one that occurs in the course of and arising out of emplyment. This is a two prong test but the two requirements can often get blurred.
Many Factors Are Considered In Determining If An Injury Was “On The Job”
Most Ohio BWC claims are not contested from a course and scope standpoint. However, when such issues arise, a claim can become quite complicated. Generally, an injured worker should show “work connectedness” to his or her accident to be successful. This can be done by looking at a number of various factors.
Factors to consider here include, but are not limited to: the nature of the employment contract, the time of the accident, the location of the accident, whether or not the employee was “on the clock”, any benefit the employer was receiving from the employee’s presence at the accident scene, and how much control the employer had over the accident.
If the BWC or your employer is contesting your workmans 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