Ohio Workers Compensation: Eligibility, Filing and Appeals

Workers' compensation benefits in Ohio include medical treatment, lost wages, and compensation for permanent impairments. Workers’ compensation in Ohio is administered by the Ohio Bureau of Workers’ Compensation. Individuals working in Ohio that suffer an industrial illness or a workplace injury are likely to have a workers’ compensation claim under Ohio law.

Any injury or illness that occurs during the course and scope of employment in Ohio is covered by workers' compensation. Negligence (carelessness) on the part of the employer is irrelevant; with very limited exceptions, there is no consideration of fault in determining whether an injured worker has a valid workers’ compensation claim.

Reporting a Worker’s Compensation Claim

First, report your injury or illness to your employer as soon as possible. To file an Ohio workers’ compensation claim, you must complete the form “First Report of an Injury, Occupational Disease, or Death,” known to the Ohio Bureau of Workers' Compensation as FROI. Your employer will likely either give you this form to complete or will complete it and submit it for you. You can also complete the form online at http://www.ohiobwc.com/bwccommon/forms/froi/default.asp (click "Complete FROI"). You will need to provide a detailed accident description, medical diagnosis (if any made thus far) and any other pertinent information.

Your doctor may also assist you in completing this form if you tell your doctor that you are seeking treatment for an injury or illness related to your work.

Within 28 days of submitting the First Report form, the Bureau of Workers’ Compensation will inform you of whether your workers’ compensation claim was allowed or denied.

Deadline for Completing First Report of Injury

You must report your work-related injury or occupational disease within two years after:

the date of disability due to the disease (when you became unable to work)
six months of diagnosis from your doctor, or
death due to the industrially related disease.

Ohio Workers’ Compensation Benefits

All proper and necessary medical treatment for conditions related to your industrial injury or occupational disease will be covered under your claim. You should not receive a bill for any medical treatment. Covered treatment includes doctor visits, physical therapy, surgery, and prescriptions. Alternative treatment, such as acupuncture, likely will not be covered under your claim.

You can see any doctor approved by the Bureau of Workers’ Compensation for treatment related to your workers’ compensation claim. Your primary care physician may be certified by the Bureau; if not, your doctor can likely provide you with names of doctors that are certified by the bureau to treat injured workers.

You should inform all of your doctors and pharmacies that you are receiving treatment for a workers’ compensation claim, to ensure that the bills are directed properly.

Lost Wages

Another form of workers’ compensation benefits you are eligible for at the beginning of your claim is temporary total compensation. This benefits is available to workers who cannot work due to their injury or illness for seven days or more. Your doctor will provide the Bureau with a form detailing your physical inability to work, and will continue to provide the Bureau with frequent updates on your condition and ability to return to work.

If you receive temporary total compensation benefits, you will receive approximately two-thirds of your lost wages, up to the state average weekly wage maximum.

You may also receive compensation for reduced wages if you return to work in a lower paying job or reduced hours due to your physical restrictions while recovering from the injury or illness.

Permanent Disability

If you are permanently disabled, either partially disabled or totally disabled, as a result of your workplace injury or disease, you will receive additional monetary compensation. For a partial impairment, called residual damage, you will receive an amount determined by state law, based on your degree of permanent impairment. Your doctor will determine your permanent impairment rating. More information is available on the Bureau of Workers' Comp fact sheets.

If you are permanently and totally disabled due to your work-related injury or occupational disease, the Ohio Industrial Commission will declare you permanently and totally disabled. (The Industrial Commission, sometimes known as the IC, is like the appeals board of the Ohio workers' comp system.) A permanent and total determination is given to individuals who physically cannot perform any type of continuous, gainful employment.

If you are determined to be totally and permanently disabled, you will receive monetary payments for the remainder of your life to compensate for your permanent disability (unless you return to work). The amount of your payment is dependent upon your wages at the time of injury, subject to certain maximums.

Appealing an Ohio Workers Compensation Denial

You will receive written notification of whether your claim is allowed or denied. If your claim is denied, the letter will include instructions on appealing the decision. It is important to note that your employer may also appeal the decision to allow your claim.

If you choose to appeal, you must do so within the time required by the written notification. The appeal is heard before the Ohio Industrial Commission. Within the IC, you may appeal first to the District level. Appeals from the District level proceed to the Staff level, and ultimately to the Commission level if the parties continue to disagree. Each stage involves a legal hearing. Because of the complex processes involved, you should discuss your case with a worker's comp attorney in your area to ensure that you present your best case and comply with all of the legal requirements of the hearing process.

For more information, see our article on appealing workers' comp decisions in Ohio.

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