A Compromise Between
Injured Workers & Employers

The Workers’ Compensation System of Ohio is a compromise between the rights of injured workers and employers.  Prior to its creation, an injured worker would have to sue their employer, prove the employer’s negligence was the cause of their problems, not any mistakes by them or a co-worker, and then get a judgement (an order to pay money) or settlement, whether that amount took care of the problem or not.  It was a horrible system for both workers and employers alike.

The system all changed in 1911.  The Ohio General Assembly passed the Workers’ Compensation Act.  It was a great compromise to help employers and workers alike.  However, that compromise has changed and now workers are at a disadvantage like never before.  We have decades of experience leveling the uneven playing field and getting working women and men the help they need to recover after a workplace injury. 
So what did Ohio's Workers get and still keep out of this compromise?  Read below and find out.​

The No-Fault System

Injured Workers obtained a no-fault system, so even if on one was at fault, or a co-worker's or their mistake caused the injury, they could still receive some help.  So Negligence is not a thing we have to prove or disprove in our system.  We don't have to show you were not at fault or your employer was.  Only when it comes to a special award for an employer violating a safety regulation does fault matter.  

Long Term Protection

The other major part of the compromise for injured workers was a promise of long term protection after a workplace injury or illness.  Some injuries and diseases will effect an injured worker for the rest of their life.  While it doesn't take years and year to get a claim, they can remain available for decades if needed.  For example, Kurt did not become an attorney until 1993 but the oldest claim he has assisted with occurred in 1963 and Kurt kept his client protected until his death in the early 2000's.  

Responsibility For Filing a Claim

Until 1955 the Industrial Commission of Ohio ran the entire system.  Then in 1955, the Ohio Bureau of Workers’ Compensation (BWC) was created.  The Industrial Commission became the adjudicatory agency, essentially the judges.  The BWC is not a neutral party. It is a defendant to all claims and aggressively fights claims or benefits that it believes should not be paid.  

While an employer or a doctor can file a claim, the responsibility for ensuring that claims and requests for benefits are properly filed is the injured workers’.  Missing a deadline, even one they are completely unaware of, does not relieve that duty.  So, yes, you do need a lawyer. 
To get a claim an injured worker must prove several things, including:
  1.  The Employer is one who should have Ohio Workers’ Compensation Coverage (an employer amenable to the workers’ compensation law).  
  2. That when they were injured, they were an employee (an employer- employee “contract for hire” exists, in other word the Claimant was an employee, not an independent contractor.  Often employers try to improperly claim this.  Not even a signed agreement decides, that but a long, legal test). 
  3. That there was an injury or occupational disease that was incurred in the course of and arising out of their employment (the worker was doing something connected to their job, and was injured)
  4. The medical condition or conditions that were caused by the injury – (Ohio uses ICD-10 codes).  
  5. And the condition(s) are a result of the workplace injury or exposure (causal relationship) either directly, as a flow through from the already allowed conditions, or due to a substantial aggravation of a pre-existing condition. 
When the claim is allowed, injured workers are entitled to a number of benefits if they are due to the Allowed Conditions in the claim including:
  • Medical testing and treatment from a BWC certified provider of their choice 
  • Compensation for time off work, also known as Temporary Total
  • Loss of earning capacity, also known as Wage Loss
  • Impairment of Bodily function, also known as Permanent Partial Disability 
  • Amputation and loss of function awards, also known as a Scheduled Loss Award
  • Compensation for a permanent inability to work, also known as Permanent and Total Disability 
  • Job retraining and job search assistance if needed, also known as Vocational Rehabilitation 
  • Burial and funeral expenses for workers’ killed on the job
  • Ongoing benefits for dependents whose family member is killed on the job, aka Death Benefits.  
While the hearings in this system are very informal, the forms and rules and law used are very technical, where a tiny mistake on a form can cost an injured worker thousands, if not hundreds of thousands of dollars in benefits.  The only neutral party in these hearings is the Industrial Commission of Ohio.  This was the first area of law in the State of Ohio, where the Ohio Supreme Court allowed Attorneys to Specialize, obtaining that certification from the Ohio State Bar Association.  And Kurt Young was in the first group of Attorneys in Ohio to be certified.

If you've been injured on the job, you need the right team in your corner.  And don't think cost is an issue, workers' compensation attorneys in Ohio generally work on a contingent fee, we only get paid if  you win, basis.  Contact us for a no cost, no obligation initial consultation 419-244-7885​​