The Bainbridge Firm, LLC
Schedule a Free Initial Consultation

Toll Free: 800-762-1612

Columbus : 614-545-9990

Portsmouth : 740-353-7548

Ironton :740-532-9772

Marion : 740-387-6727

Cambridge : 740-435-3342

Waverly : 740-835-8890

Non-complying Employers in Columbus: Do I Still Get Compensated For My Injury?

An employee who works for a non-complying employer may still seek workers' compensation benefits from the Surplus Fund. The fact that a non-complying employer fails to pay into the Workers' Compensation Fund is not justification to deny benefits to an injured worker who is otherwise entilted to benefits. 

An employer that fails to pay its premium into the Ohio Bureau of Workers' Compensation fund loses the immunity that payment into the fund guarantees and is liable to its employees for damages suffered by reason of personal injuries caused by the wrongful act, neglect, or default of the employer. In addition, if the employee files a civil suit, the common law affirmative defenses of the fellow servant doctrine, assumption of the risk, and contributory negligence are not available to the non-complying employer.

If the claimant recovers damages in the negligence action, the claimant must reimburse the State Insurance Fund for any benefits he or she has already received. However, the claimant cannot concurrently prosecute an action for damages against an employer under R.C. § 4123.77 and apply to the commission for compensation under R.C. §4123.75.

The State may also pursue suit against the non-complying employer. Revised Code § 4123.75 orders payment to be made "promptly from the statutory surplus fund" in claims filed by an employee of a non-complying employer. The Administrator must thereafter institute proceedings to recover from the non-complying employer any monies paid from the surplus fund and to secure the employer's payment of the award.

No Comments

Leave a comment
Comment Information
email us for a response

Free Initial consultationCall us today for a free initial consultation. We promise to provide a response within a few hours.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

office locations - we have Multiple Locations to serve you.

The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
Map & Directions

Portsmouth Office
611 Court Street
Portsmouth, OH 45662

Toll Free: 800-762-1612
Phone: 740-353-7548
Fax: 740-353-1984
Map & Directions

Ironton Office
119 North Fifth Street
Ironton, OH 45638

Toll Free: 800-762-1612
Phone: 740-532-9772
Fax: 740-532-3127
Map & Directions

Marion Office
198 East Center Street
Marion, OH 43302

Toll Free: 800-762-1612
Phone: 740-387-6727
Fax: 740-382-5816
Map & Directions

Cambridge Office
120 Southgate Parkway
Cambridge, Ohio 43725

Toll Free: 800-762-1612
Phone: 740-435-3342
Fax: 740-435-3329
Map & Directions

Waverly Office
112 North Market Street
Suite B
Waverly, OH 45690

Toll Free: 800-762-1612
Phone: 740-835-8890
Fax: 740-835-8891
Waverly Law Office Map

  • Super Lawyers
  • Av lexis Nexis martindale-hubbell peer rated review rated for ethical standards and legal ability
  • Listed in Best lawyers | The world's premier guide
  • ohio state bar association EST 1880
  • ohio association for justice
  • CBA | columbus bar association
  • U.S. News & best lawyers present best law firms 2015