No information provided is intended nor should be construed as legal advice. Please
consult qualified counsel regarding your individual circumstances.
Under Ohio's Workers' Compensation Law:
Can the employer force me to treat with a doctor of their choice? - No, injured
workers have the right to treat with any BWC certified provider. The employer does
not choose your physician and you should choose your own providers.
Can I sue my employer for an on the job injury? - The general answer is no.
Employers received tort immunity, that is protection from suit, when the workers'
compensation system was created. Only an employer which makes an employee
engage in activity which they know with "substantial certainty" will cause harm can
be sued.
Can I get a claim if the injury was my fault? - Yes, Ohio's worker's compensation
system is a no fault system. The fault of either party does not matter. Only if a
worker intentionally injures herself or is intoxicated and that causes the injury, does
fault matter.
Will I receive pain and suffering for my injuries? - No, when the system was created,
pain and suffering was eliminated.
If I file a claim, will my employer have to pay dollar for dollar for it and/or go out fo
business? - Generally no. Most employers pay into the Ohio State Insurance Fund
and pay premiums based upon the number of employees, what they do, how many
claims have been made against them and the severity of these claims.
Can I get a claim if I wasn't doing my exact job at the time of injury? - Yes, the law
allows for claims on the employer's premises, in break rooms, in employer
controlled parking lots, etc. Also, company sponsored activities such as outings to
sporting events and the like can be the basis for a claim.
Can my employer fire me for filing a claim or while I am off work on benefits? -
Generally no. Ohio law prohibits retaliation for filing a claim or terminating an
employee while on certain benefits.
Do workers compensation claims settle for large dollar amounts? - NO. Most claims
(approximately 97%) do not settle. Among those that do, the average claim settles
for about $6,000 - $7,000. The Bureau is currently working to change both of these
and we can help you be a part of this.
KURT M. YOUNG,
LLC
Park Lane
Apartments
142 23rd Street,
Suite 204
Toledo, OH 43604
(419) 244-7885
(877) 244-7885
