Chapter One: Understanding The Ohio Workers’ Compensation System

Workers’ Comp Vs. Personal Injury: What’s The Difference?

A lot of people confuse workers’ compensation claims with personal injury lawsuits, but they’re two completely different legal paths.

In a personal injury case, someone gets hurt due to someone else’s negligence. Think of situations like a car accident where the other driver runs a red light. If you’re injured in that scenario, you can file a lawsuit and potentially recover a variety of damages: lost wages, medical bills, pain and suffering, and more.

Workers’ compensation operates under a completely different system. In Ohio, employers are required by law to carry workers’ comp coverage. If you’re injured on the job, your claim is filed with the Ohio Bureau of Workers’ Compensation (BWC), and instead of proving negligence, you just have to show that your injury happened in the course and scope of your employment.

Once your claim is allowed, you may be eligible for two main types of benefits:

• Medical benefits for diagnosis, treatment, and recovery.
• Wage benefits for missed time from work or permanent impairment.

Each of these categories includes a wide range of specific benefits, all governed by Ohio’s workers’ compensation laws.

The Types Of Injuries Or Illnesses Covered Under Ohio’s Workers’ Comp Laws

Generally, any injury or illness that occurs during the course of your work may be covered. Ohio workers’ comp recognizes three types of injury mechanisms:

1. Direct causation, that is, a specific incident causes the injury.
2. Substantial aggravation, meaning a work activity that worsens a pre-existing condition.
3. Flow-through, which occurs when a new injury develops as a consequence of a previous one. Think of limping from a knee injury leading to hip problems.

Typical injuries include:

• Sprains and strains
• Ligament tears
• Fractures
• Amputations
• Repetitive motion injuries
• In limited cases, psychiatric conditions

While some injuries are clearly physical, it’s worth noting that mental health claims are only covered under very specific circumstances.

Are All Employers In Ohio Required To Carry Workers’ Comp Insurance?

Every employer in Ohio must provide workers’ compensation coverage, though the way they’re insured may differ. State-funded employers purchase coverage through the Ohio BWC. Self-insured employers (typically large corporations) manage claims in-house but still operate under BWC rules. Public employers, like city governments and counties, follow a different funding model but are still bound by the same laws regarding benefits.

Industries With The Most Workers’ Comp Claims

Injuries happen in just about every line of work. Over the past 35 years, I’ve seen claims come from:

• Factory workers
• Restaurant employees
• Hospital and healthcare staff
• Office workers
• Construction and road crews

The truth is, if you’re doing your job and you get hurt, the industry doesn’t matter. It’s the injury, not the job title, that triggers coverage.