What legal steps should I take if an employee in Ohio files a workers' compensation claim for an injury sustained at work?
If an employee in Ohio files a workers' compensation claim for an injury sustained at work, there are several legal steps that an employer should take to ensure compliance with Ohio workers' compensation law:
- File a First Report of Injury or Illness: Ohio law requires employers to report workplace injuries or illnesses that result in lost time or medical treatment within one week of the incident. You should promptly fill out and submit a form to the Ohio Bureau of Workers' Compensation (BWC). The BWC will review the claim and determine whether it is compensable, meaning that it meets Ohio's eligibility requirements for workers' compensation benefits.
- Investigate the claim: As an employer, you have the right to investigate the claim and gather evidence to determine whether the injury or illness occurred within the scope of the employee's employment. You should talk to the employee, any witnesses, review security footage, and collect any other relevant evidence that will help you determine the validity of the claim.
- Determine eligibility: If the BWC determines that the employee's claim is compensable, you should review the information provided by the employee and the BWC to determine if any additional benefits, such as temporary total disability, are due to the employee. If you dispute the claim, you may be required to provide evidence to the BWC.
- Respond to the injury claim: Under Ohio law, an employer has 28 days from the date of the claim to respond to the employee's injury claim. During this time, the employer should decide whether to participate in the claim or dispute it. If you plan to dispute the claim, you should file a Notice of Intent to Dispute with the BWC.
- Monitor the employee's recovery: If the employee is able to return to work, you should work with him or her to provide transitional work or light-duty work to aid in their recovery. The goal of workers' compensation is to help injured employees return to work as soon as possible.
- Maintain accurate records: You should keep detailed records of any workers' compensation claims filed, including dates of the incident, the employee's medical treatment, and any benefits paid. Maintaining accurate records will help you navigate future workers' compensation claims, and aid you in developing strategies to reduce workplace injuries or illnesses.
There may be limitations or exceptions to the advice provided, depending on the specific circumstances of the claim or incident. If you are faced with a workers' compensation claim, it is recommended that you consult with an experienced Ohio workers' compensation attorney to ensure that your interests are protected, and your legal rights are upheld.