Case Shows Workers' Compensation Benefits Don't Always Come Easy
Relator, Smiths Medical Asd, Inc. ("relator") recently asked the Ohio Court of Appeals to issue a writ of mandamus (a court order) to stop the Industrial Commission of Ohio ("commission") from paying Vickie Stevens permanent total disability ("PTD") benefits. Stevens suffered work related injuries preventing her from completing her job duties and sought PTD benefits under the worker's compensation laws.
Workers' compensation statutes provide benefits to employees who sustain injuries during the course of carrying out assigned work duties. But, what happens when a worker is injured during an activity that may not be construed as part of normal work duties? A recent Ohio case highlighted this very issue, forcing the public to contemplate the gray areas of Ohio's workers' compensation laws.
Should Workers' Compensation Benefits Extend to Injuries Resulting from Workplace Crimes?
Virginia Durila was working the graveyard shift at the Dallas Pike, West Virginia, Travel Express when an armed robber snuck in the back door, pointed a gun at her, and demanded she open the safe. After the robber left, Durila immediately called the police, who caught the burglar at a highway exit. The robber is now serving a 95-year sentence. However, the incident is far from over for Virginia Durila. [More]
OSU Employee Prevails in Contested Workers' Comp Claim-For Now
The Ohio Bureau of Workers' Compensation recently ruled in favor of awarding benefits to an Ohio State University employee who requested benefits for medical expenses and lost income related to a serious respiratory infection she believes was contracted on the job after a flood and botched clean up.[Read More]
When Must You File an Ohio Workers' Compensation Claim?
In Ohio, workers' compensation insurance benefits are available to almost all workers injured on the job. The Ohio Bureau of Worker's Compensation (BWC) handles almost 1.2 million claims for injured Ohio workers each year. The process of reporting a workplace injury, applying for workers' comp, and receiving benefits begins with the Ohio BWC.
But how long do you have to file a workers' compensation injury claim once you have been injured? Under Ohio workers' compensation laws, an injured worker must file a claim within a certain period after the injury - this law is called a statute of limitations. Read More>>
Ohio Lump Sum Workers' Comp Settlements After a Work Injury
Ohio workers who have been injured on the job can get compensation for their injuries from their employers. The Ohio Bureau of Worker's Compensation (BWC) is the agency that handles workers' compensation claims by injured workers. Most Ohio employers are required to carry workers' compensation coverage, and many get workman's compensation coverage through the BWC. Some employers may be self-insured for injuries their employees suffer in the workplace. In either case, injured employees can obtain workers' compensation, and in many cases, the employee and the employer may settle the claims for a lump sum. Read More>>
A Smart Business Decision: Workers’ Compensation Insurance for the Self-Employed
Workers’ compensation insurance protects employers and employees in the event of a work-related injury or illness. Ohio law requires all employers with one or more employees to carry workers’ compensation coverage, whether they are covered through the state fund or are self-insured. Independent contractors and subcontractors also must have workers’ compensation insurance for their employees. Read More>>
New BWC Chief to Propose Work Comp Benefit Reductions?
Incoming Governor-Elect Kasich has appointed state senator Steve Buehrer (R-Delta) to head the Ohio Bureau of Worker's Compensation (BWC) after Administrator Marsha Ryan submitted her resignation following the 2010 mid-term elections. Read More>>
Independent Contractor or Employee?
Many workers who are self-employed and work for others — sometimes referred to as freelancers — may wonder why they are considered independent contractors by some employers and part-time employees by others. For example, a trucker may haul loads exclusively for one trucking company, but receive a Form 1099 as an independent contractor for the trucking company. Read More>>
OSHA Cites Ohio-Based Company for Safety Violations and Worker Fatality
Bagnoli and Sons, Inc., a utility, sewer, and water excavation company based in Poland, Ohio, is facing severe penalties from the Occupational Health and Safety Administration (OSHA). OSHA claims the company willfully ignored several of OSHA's regulations, resulting in a worker fatality and serious injury. Read More>>
How and Why to Document a Workplace Injury for Work Comp Claim
When you are injured on the job, you may realize immediately that you will be unable to work. Or, you might only feel a slight twinge. Whether your workplace injury happened after a catastrophic workplace accident or a muscle pull that limited your range of motion so that you cannot complete daily work tasks, you need to report your injury as soon as possible to be eligible for workers compensation benefits through the Ohio Bureau of Workers Compensation (BWC). Read More>>
Head of OSHA Pushes Aggressive Agency Agenda
Assistant Secretary of Labor Dr. David Michaels, the current Chief of the Occupational Health and Safety Administration (OSHA), recently spoke candidly about the challenges facing the agency before a crowd of safety professionals at the Safety 2010 Exposition held in Baltimore, Maryland. Read More>>
Workers Comp Benefits for Survivors of Ohio Workers Killed
Jabin Lakes was killed in May 2010 after apparently being overcome by fumes and falling in a manhole he was inspecting, reports The Oxford Press. Lakes, 31 years old, was a hard worker and dedicated to his family. He had been on the job barely one year at the time of his death. His is the first death of a city employee on the job since 1939, according to city records. Read More>>
An Employee by Any Other Name: The Thorny Side of Misclassification
The Hill's Congress Blog reports that there were an estimated 10 million misclassified workers in 2006, according to the Governmental Accountability Office. In a recent statement, Senator Tom Harkin cites Department of Labor statistics estimating that 30 percent of businesses misclassified employees as independent contractors. "That means the construction worker who falls and breaks his leg is denied workers' compensation, and the truck driver who works 60 hours a week doesn't receive the overtime pay his family deserves to help cover the rising costs of food and energy," says Harkin. Read More>>
Ohio Studying Proposal to Privatize Workers' Comp System
Like every other state, Ohio is struggling through our nation's deep economic recession. Our state's leaders are looking for ways to raise revenues without raising taxes. One of the ideas they're studying is a proposal to open Ohio's workers' compensation system to private insurers. Read More>>
Ohio Supreme Court Upholds Statute Regarding Workplace Intentional Torts
Ohio has enacted no-fault workers' compensation laws: regardless of fault, employees who are injured on the job may file claims and collect benefits through an administrative process. Injured workers do not have to undertake the time and expense of litigation to seek compensation. Read More>>
