Ohio Workers’ Compensation and the BWC General Information

The Ohio Constitution was amended in 1912 to authorize the legislature to create a workers’ compensation system in Ohio. Thereafter, the Ohio Workers’ Compensation Act was passed. It created a “no-fault” system of coverage for employers and injured workers. What does that mean? It means if you sustain an injury or develop an occupational disease in the course of and arising from your employment you have the right to file a claim with the BWC. Whether the injury or disease was a co-workers fault, your employer’s fault, or your own fault is irrelevant. If it happened because of your job you have a claim.

To give yourself the best chance to succeed and get the benefits the law entitles you to, if you are injured on the job you should do the following:


  • Seek medical treatment as soon as is prudent. Do not wait more than a few days to seek medical attention. Often times injured workers wait a few days after an injury to seek medical attention, thinking that the injury will go away “if I rest for a little bit.” Delay in medical treatment, combined with a failure of immediately reporting the injury to your employer (see below), is often a recipe for an employer to dispute your claim


  • Follow your employer’s procedures for reporting work-related injuries. It is important to report your injury to either a supervisor or your “boss” a soon as you can following your injury. Even if you don’t think the injury is serious, or does not require medical treatment, you should still immediately report it to your employer. Many times the pain and symptoms associated with an injury do not become serious until a few days have passed by. If you report the injury as soon as the accident occurred, you can avoid many problems and employer disputes because you reported the incident immediately. Many employers dispute and fight BWC claims because the employee did not notify them immediately after the injury. Reporting your injury to your employer quickly can help eliminate potential disputes between you and the employer, and the BWC. When you report it to your employer, report it in writing. It is important to have a written record proving that you did report it in a timely fashion.


  • If your employer has you complete and sign a accident report, make sure you keep a copy of it for your own records.


  • Keep a diary or log with important information regarding your injury. Describe how the injury occurred. Write down the name of the person you reported it to. Write down the time you reported it to your employer.


  • Call or email Portman, Foley & Flint. It is your attorney’s job to help you steer through complex dispute on a BWC claim. The BWC has attorneys, and hundreds of other employees, whose job is to spend as little money as possible on your claim. Employer’s also hire attorneys, third-party administers/actuarial companies, and managed care organizations, all paid to limit the cost of the claim to the employer. This means fight to deny treatment and fight to deny compensation payments. Who is looking out for you?



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