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Posts tagged "Workers' Comp"

What to expect at your first workers' compensation hearing

Knowing what to expect at your first workers' compensation hearing is important in helping to understand how the workers' compensation process works. When a hearing is scheduled, it is scheduled because the parties to the claim (the injured worker, the Bureau of Workers' Compensation, or the employer) do not agree over some aspect of the claim. The dispute can be a large issue (for example, should the claim be allowed in the first place?) or a smaller issue (for example, should a specific doctor's bill be processed under workers' compensation?).

The Workers' Compensation Bargain

The Workers' Compensation Act reflects a growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation therefore attempts to accommodate the correlative rights and duties of employers and employees. Each party relinquishes certain common law rights and duties in exchange for the imposition of new statutory rights and duties.

The compensation bargain

The Workers' Compensation Act reflected a growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation in the state of Ohio therefore attempts to accommodate the correlative rights and duties of employers and employees. 

Ohio Bureau of Workers' Compensation

The Ohio Bureau of Workers' Compensation (OBWC or BWC) provides workers' compensation insurance coverage for employers and employees in the State of Ohio through a $22 billion fund. Based on assets under management, OBWC is the largest exclusive state-operated and second largest overall provider of workers' compensation insurance in the United States.

Waiver of and Employes' Rights to Participate in the Workers' Compensation System is Prohibited

Ohio Revised Code § 4123.80 prohibits an employee from waiving rights to compensation or benefits under Ohio workers' compensation laws. This prohibition is intended to prevent an employer from making an employee's or a prospective employee's surrender of benefits awardable under the Act as a condition of employment; the employer cannot thereby shift its share of responsibility for work-related injuries onto the injured worker. 

Workers' Compensation Generally

The General Assembly established the Ohio Workers' Compensation system to address unsatisfactory common law remedies. Workers' compensation creates a new set of mutual rights and duties between employers and employees arising from injuries sustained and diseases contracted in the course of employment in substitution for their common law rights and duties. The Workers' Compensation Act was enacted to reflect the growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation therefore attempts to accommodate the correlative rights and duties of employers and employees. 

How is Social Security Different from Workers' Compensation?

Social Security Disability provides compensation to people incapable of working, if they meet certain requirements. In opposition, workers' compensation involves a work-realted injury that renders the injured employee disabled in some way. The requirements for each program differ, but one major distinction is that to receive workers' compensation, an individual's disability must result from a work-realted injury or from an occupational disease. Social Security Disability, on the other hand, provides compensation to people incapable of working, regardless of if they were injured on the job. 

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The Bainbridge Firm, LLC

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Columbus, OH 43215

Toll Free: 800-762-1612
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Portsmouth, OH 45662

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