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Ohio Workers' Compensation Questions & Answers
0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Looking to find out which type of lawyer to contact. Not sure if I need a workers comp or employment lawyer.

I have an ongoing medical only workers comp claim. I'm trying to get wage recovery at the moment. But my biggest issue is that my hours were cut after the claim, and then after being on medical disability for a surgery unrelated to the workers comp claim I notified my employer I was cleared to... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Can I sue for a workplace injury if I told my supervisor the week before the equipments breaks weren’t working

My legged was pinned between a forklift and lowboy the breaks failed on the lowboy and pinned my leg that same lowboy I told my supervisor that is was having problems and the lowboy was red tagged and not supposed to be used someone put it on the floor and used it anyway does he have a case ?

Jami S. Oliver
Jami S. Oliver pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2023

If the injury occurred in a workplace in Ohio, the Ohio legislature has passed a law to make your employer immune from lawsuits, alleging workplace injury, making the Worker’s Compensation system your sole source of recovery. It is very difficult to bring a case against an employer on Ohio unless... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Was fired until they found out I was hurt because I didn't give me proper PPE caustic Burns on my ankles, they had me

It was on my way at work I just started this job I've been there almost a month I was late when I got there they let me go. 5 days prior to that I got asked to clean out a pit I work around bleach and caustic acid so I went down cleaned out the pit next day I had caustic burns on my ankles... View More

Jami S. Oliver
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answered on Jul 26, 2023

This is something that is covered by the Worker's compensation program and if you are injured due to lack of PPE, you should file a worker's comp case and get it opened up. This is also an OSHA violation and you have a right to report it to OSHA without fear of retaliation. Any... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: If u tell ur job u can't do a job and its physically hurting you. But they make u do it till I get a doctor excuse

I've been at my job for 5 months with no problems they put me on a new job after a couple days my back started hurting I told my supervisor I couldn't do it and it was messing up my back and they said unfortunately you have to keep doing it until you get a doctor's excuse and now my... View More

Mr. Peter James Carman
Mr. Peter James Carman
answered on Feb 2, 2023

In Wisconsin,once you report a work injury as you have done as you describe above, any smart employer would report it immediately to their worker's compensation insurance carrier and take you off that job and refer you to be seen by a doctor of their, or your, selection without further delay.... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I tore my rotator cuff at work on 05/29/2022, WC was denied, should I have representation for my third hearing?

my first hearing ruled in my favor, however the second one ruled against me on the grounds of my age and some deterioration after years of working. I had no problem with my shoulder until that day. When it first happened I thought it was a simple strain and finished my shift. I iced it as often... View More

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

Yes, you should have a lawyer handle this.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... View More

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: I had a cup of hot string bean juice thrown in my face by another employee at my job what are my options on what to do

I didn't suffer any major Burns but mentally I have been stressed out since she threw this cup of string beans used in my face burning my face and neck eyes and Chin what are my options

James Monast
James Monast
answered on Aug 31, 2022

You have a valid work injury claim. If you have developed an emotional reaction to your injuries and the incident, you may be able to get treatment under your claim. You'd have to have a psychologist or other mental health professional confirm a diagnosis and file a motion to have the... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: I live in ohio and make $13 per hour as a barista. My boss allows me to keep cash tips but not digital tips

I am missing out on a decent amount of money because most people tip on card instead of cash

Rachel A. Sabo
Rachel A. Sabo
answered on Mar 4, 2022

Good morning, this practice may be unlawful. I would recommend speaking with an attorney about this. Feel free to give our office a call - we'd be happy to discuss it with you. 614 610 9755.

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can I sue for withholding payment and emotional trauma?

I worked as a mortician's assistant for 1 FULL SHIFT (9 am - 5pm). Helped move multiple dead bodies, and after that 1 day, decided I can't handle the stress and sight of the dead rotting bodies. And after that, they are refusing to pay me for my time, even though the director said himself... View More

Andrew Popp
Andrew Popp
answered on May 13, 2021

Probably not for the emotional trauma. It sounds like what you experienced is within the parameters of your job. In other words, a jury would likely find that you should reasonably have known what to expect. If you worked and they have refused to pay you, then yes, you can sue for the one... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: i worked at amazon as a toterunner and i had to pass a area everyday that blasted a alarm horn in my ears at a crazy

loud now my ears never stop ringing and giving me headaces with no sleep

Tim Rose
PREMIUM
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answered on Feb 5, 2021

Report this to your employer, then see a doctor.

1 Answer | Asked in Bankruptcy and Workers' Compensation for Ohio on
Q: Ohio Worker's Compensation Tax as an Employer

I am being pursued by a collection for Ohio worker's compensation taxes I owed as a small business (unincorporated) owner from 1992. My business went bankrupt in 1992, and I filed bankruptcy and my taxes were discharged (but I don't have proof worker's compensation was) in 1996.... View More

James Monast
James Monast
answered on Jan 15, 2021

The BWC has an Adjudication Committee (at least they used to years ago when I worked there) where you can present your situation. It used to come up when employers were non-complying (I.e., hadn't had premiums) or coverage had lapsed for a few days and then got hit with a huge penalty. They... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: My question is about worker's compensation.

Over the last few years I've been injured at work 3 times and filed a workers comp claim for 2 of them (first and third). For those 2, my boss had me cancel each claim and say that I didn't need the benefits anymore. He wanted me to do this so his number of processed claims and insurance... View More

Neil Klingshirn
Neil Klingshirn
answered on Aug 13, 2020

You are entitled to your last two paychecks.

Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a...
View More

1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson
answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... View More

Hunter G. Cavell
Hunter G. Cavell
answered on Jul 8, 2020

First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Could you please tell me how I'm supposed to prove my employer violated safety and rules and workers comp vssr hearing

The owner is deceased business is closed they're at their investigation couldn't find anybody who had any from information on the violation even the place that we worked at

Matthew Williams
Matthew Williams
answered on Mar 22, 2020

Well, it sounds like there won’t be anyone to contest the testimony of you and your coworkers if possible. If that’s all the evidence there is...

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I'm am I fireman and hurt my shoulder during training. Misdiagnosed, Now need surgery.

Now my employer is talking about putting me on FMLA and maybe separation if I can't come back after FMLA runs out... Is that legal?

Matthew Williams
Matthew Williams
answered on Sep 13, 2019

You really ought to speak with an attorney about this. Look for a local lawyer who does a lot of workers comp and medical malpractice.

1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: I had a back injury in 1997 that resulted in surgery. Now have had to have surgery again in 2019. can I reopen claim if

I never received settlement. That company is now out of business

Matthew S Flemming
Matthew S Flemming
answered on Jul 23, 2019

The statute of limitations for Ohio Workers' compensation claims depends somewhat on when the last activity was on the claim. You should contact a licensed attorney to discuss some specifics and they can give you a better idea of whether the claim is still active or barred due to inactivity.

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: If my husband injured himself and work and the owner asked him to file it under his personal insurance ?

so there premiums don't go up can they do that.

James J. Hux
James J. Hux
answered on May 1, 2019

They could ask that, but it is suspicious behavior. That could be seen as attempting to dissuade your husband from workers' compensation, which is illegal. You and your husband should contact an employment law attorney as soon as possible and discuss your claim in more detail. Some will... View More

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I had a work injury and WC continues to deny the MRI I need. Will using personal insurance for MRI complicate anything?

I informed my doctor that it was a work injury and that it kept getting denied.

Matthew S Flemming
Matthew S Flemming
answered on Jul 13, 2018

Depending on the time frame of the denial, you may be able to appeal the denial to the industrial commission. I would speak quickly with a Workers' Compensation attorney (there are many), to discuss your options. You could use personal insurance, however it can muddy the waters quite a bit... View More

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