How do I file a workers' compensation claim in Ohio?
Ohio is one of four monopolistic state-fund states — coverage is purchased only through the Ohio Bureau of Workers' Compensation (BWC) unless the employer is approved as self-insured. Codified at Ohio Rev. Code Chapter 4123.
1. Coverage
All employers with 1+ employee must obtain coverage from BWC (R.C. § 4123.35). Excluded: federal employees, casual workers, ministers, certain agricultural workers, and qualifying independent contractors.
2. Notice to Employer
No fixed statutory deadline for notice, but immediate notice is critical to preserve the claim. Practical rule: report the same day if possible.
3. Claim Filing
File First Report of Injury (FROI-1) with BWC. Statute of limitations: 1 year from date of injury (R.C. § 4123.84). For occupational disease, 2 years from disability or knowledge (§ 4123.85).
4. Benefits
Medical fully covered through BWC's Health Partnership Program. Temporary Total Disability (TT) pays 72% of full weekly wage for the first 12 weeks, then 66 2/3%, up to state max (about $1,162/week). Permanent Partial Disability (% PP) under § 4123.57(A). Permanent Total Disability pays for life. Scheduled Loss under § 4123.57(B). Death benefits and $7,500 funeral allowance.
5. Independent Medical Exam (IME)
BWC or employer may require an IME (R.C. § 4123.53). Refusal can suspend benefits.
6. Choice of Doctor
You may choose any BWC-certified provider. Health Partnership Program managed care organizations (MCOs) coordinate care.
7. Denied Claim / Appeal
BWC issues an initial order. Appeal to the Industrial Commission of Ohio — District Hearing Officer, then Staff Hearing Officer, then Commission review. Final appeal to Common Pleas Court under § 4123.512 (de novo trial on right to participate).
8. Third-Party Suit
Injured workers may sue third parties. BWC has subrogation rights under § 4123.931. Intentional tort claims against employers are limited by § 2745.01 ("substantially certain" standard).
This is legal information, not legal advice.
- Industrial Commission denied PTD application
- Employer intentional tort suit under § 2745.01
- VSSR (Violation of Specific Safety Requirement) award sought
- Ohio Rev. Code Ch. 4123
- Ohio Rev. Code § 4123.35
- Ohio Rev. Code § 4123.57
- Ohio Rev. Code § 4123.84
- Ohio Rev. Code § 4123.512
- Ohio Rev. Code § 2745.01
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.