Workers' compensation is a safety net created to protect employees in case there is a workplace injury or illness. However, Ohio's workers' compensation system is often misunderstood, leading to confusion and even frustration for injured workers and their employers. Dispelling common misconceptions can help employees and employers alike navigate the system effectively and make informed decisions.

Misconception 1: Workers' Compensation Covers Only Major Injuries

One of the most widespread misunderstandings is that workers' compensation applies only to severe injuries, such as broken bones or significant trauma. In reality, Ohio's workers' compensation system covers a wide range of injuries and illnesses, including:

• Repetitive stress injuries: Conditions like carpal tunnel syndrome caused by repetitive motions at work are compensable.
• Occupational illnesses: Exposure to harmful substances that lead to conditions like mesothelioma or chronic respiratory issues can be covered.
• Mental health conditions: In some cases, psychological injuries, such as PTSD from a traumatic workplace event, may qualify for compensation.

Employees should report all injuries, no matter how minor they seem initially, as some injuries, such as concussions or soft tissue injuries, can worsen over time.

Misconception 2: You Can Only File a Claim If the Employer Was at Fault

Workers' compensation is a no-fault system, which means injured employees are generally entitled to benefits no matter who caused the accident. This principle eliminates the need for workers to prove their employer's negligence, unlike a personal injury claim. For example:

• A worker who slips on a wet floor and injures their back can still receive compensation, even if they failed to notice the hazard.
• An employee injured by their own mistake, such as lifting a heavy object improperly, may still be eligible for benefits.

The no-fault nature of workers' compensation ensures that injured employees can focus on recovery rather than lengthy legal battles over fault.

Misconception 3: You Cannot File a Workers' Compensation Claim for Pre-Existing Conditions

A common misconception is that pre-existing conditions automatically disqualify an employee from receiving workers' compensation benefits. However, if a workplace incident aggravates or worsens a pre-existing condition, it may be covered under Ohio law. Examples include:

• An employee with a pre-existing back injury who experiences increased pain after lifting heavy boxes at work.
• A worker with arthritis who sustains further joint damage due to repetitive work activities.

The key is demonstrating that the work-related activity exacerbated the condition, making medical documentation essential for such claims.

Misconception 4: You Must Be Injured on Company Property to File a Claim

Another false belief is that workplace injuries must occur on the employer's premises to qualify for workers' compensation. In reality, injuries sustained while performing job-related duties offsite may still be eligible. For instance:

• A delivery driver injured in a car accident while making a delivery may qualify for benefits.
• An employee hurt during a work-related conference or training session may also be covered.

The determining factor is whether the injury occurred during the course and scope of employment, not the physical location.

Misconception 5: Independent Contractors Cannot File for Workers' Compensation

While independent contractors are typically not covered under Ohio workers' compensation laws, the distinction between an independent contractor and an employee is not always clear-cut. Some employers misclassify workers to avoid paying workers' compensation premiums. Factors that help determine employment status include:

• The degree of control the employer has over the worker's tasks.
• Whether the worker uses their own equipment or the employer's.
• The regularity and permanence of the working relationship.

If misclassification is proven, the worker may still be eligible for workers' compensation benefits.

Misconception 6: Workers' Compensation Benefits Fully Replace Lost Wages

Many workers assume that workers' compensation provides 100% of their lost wages, but this is not the case. In Ohio, injured employees typically receive temporary total disability (TTD) benefits amounting to two-thirds of their average weekly wage, subject to state-imposed maximums. Key points include:

• Waiting period: There is a seven-day waiting period before wage benefits begin, although medical expenses are covered immediately.
• Wage limits: As of 2023, the maximum TTD benefit is capped based on the statewide average weekly wage.

While workers' compensation helps mitigate the financial burden of being unable to work, it does not completely replace lost income.

Misconception 7: You Can Be Fired for Filing a Workers' Compensation Claim

Ohio law prohibits employers from retaliating against workers who file a legitimate workers' compensation claim. This protection includes:

• Termination based solely on the filing of a claim.
• Harassment or intimidation related to the injury or claim process.
• Adverse changes in job duties or pay as a result of the claim.

If an employee believes they have been wrongfully terminated or retaliated against, they may have grounds for a separate legal claim under Ohio law.

Misconception 8: Legal Representation Is Unnecessary for Workers' Compensation Claims

While it is possible to navigate the workers' compensation process without an attorney, legal representation can be highly beneficial in complex cases, such as those involving:

• Disputed claims or denied benefits.
• Pre-existing conditions.
• Permanent disability or long-term medical needs.

Attorneys specializing in Ohio workers' compensation law can help ensure that injured employees receive the full benefits to which they are entitled, especially when disputes arise with employers or the Bureau of Workers' Compensation (BWC).

Conclusion

Understanding Ohio's workers' compensation system is critical for both employees and employers. By dispelling these common misconceptions, workers can confidently assert their rights and access the benefits they need for recovery. Employers, too, benefit from clarifying their responsibilities and maintaining compliance with state regulations.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio Workers Compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.