Ohio Worker's Compensation Benefits
By Aaron Larson
Important Notice: The following overview of Ohio's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Ohio's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Ohio.
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Ohio's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a state fund, or employers may self-insure. Waivers may be permitted for employer-sponsored recreational activities.
The state worker's compensation act applies to agricultural workers. Any domestic worker who earns $160 or more in any calendar quarter from one employer is covered by the state worker's compensation act.
Initial choice of physician is made by the employee.
After the employee has received temporary total disability compensation for ninety days, the employee must be examined by the Bureau of Worker's Compensation Medical Section to determine eligibility for continuation of compensation and the appropriateness of medical treatment being provided.
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability. Benefits are subject to offsets for Social Security benefits and, if concurrent and/or duplicate, for benefits received under an employer non-occupational benefit plan.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for life. Benefits are subject to offset for Social Security benefits.
Payments for permanent partial disability (PPD) are made based upon a schedule of injuries, with compensation for unscheduled injuries limited to one third of the state's average weekly wage, for a portion of 200 weeks. Payments for PPD continue for the duration of the disability.
Scheduled awards are paid in addition to total temporary disability benefits starting directly after the accident. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for serious disfigurement of the face or head which handicaps employment.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Attorney fees for claimants are approved by the agency on a case-by-case basis.
Copyright © 2003-2011 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you believe you may lawfully use a quotation, excerpt or paraphrase of this article under the Fair Use exception to copyright law, except as otherwise authorized by the author of the article, you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.