Ohio workers' compensation is administered by the Ohio Bureau of Workers' Compensation (BWC) — a monopolistic state fund — with disputes resolved by the Industrial Commission of Ohio (IC) under Ohio Rev. Code Chapter 4123.
1. Monopolistic State Fund
Ohio is one of four monopolistic states (along with North Dakota, Washington, and Wyoming).
Private workers' comp insurance is not allowed; employers must purchase coverage from the state-run BWC, OR qualify as self-insuring employers (large employers with strong financials).
2. Who Is Covered
Virtually all Ohio employees, including part-time and minors (Ohio Rev. Code § 4123.01(A)).
Employers with 1 or more employees must obtain coverage (Ohio Rev. Code § 4123.35).
Independent contractors generally excluded; sole proprietors and partners may opt in.
3. Notice to Employer
No specific statutory notice deadline, but should be given promptly to allow timely claim processing.
Failure to give prompt notice can prejudice the claim.
4. Filing Deadline — 1 Year
File a First Report of Injury, Occupational Disease or Death (FROI-1) with the BWC within 1 year of the injury (Ohio Rev. Code § 4123.84).
For occupational disease: 2 years from diagnosis or disability.
Online filing at bwc.ohio.gov.
5. Weekly Benefit Calculation
Temporary Total Disability (TT): 72% of full weekly wage (FWW) for the first 12 weeks, then 66 2/3% of average weekly wage (AWW) thereafter (Ohio Rev. Code § 4123.56).
2024 maximum TT rate: approximately $1,162.67/week (100% of SAWW).
Permanent Total Disability (PTD): 66 2/3% of AWW for life.
Permanent Partial Disability (PPD): scheduled weeks per body part, or % impairment for non-scheduled.
6. Maximum Benefit Period
TT: until MMI; can be terminated when claimant returns to work or reaches MMI.
PTD: lifetime.
PPD scheduled losses: fixed weeks per body part (e.g., arm = 225 weeks at 66 2/3% AWW).
Wage Loss: up to 200 weeks for non-working wage loss; 226 weeks for working wage loss.
7. Medical Treatment — Managed Care Organizations (MCOs)
Each employer is assigned a Managed Care Organization (MCO) that coordinates medical care.
The injured worker chooses a doctor from the BWC's certified provider network ("BWC-certified providers").
MCO authorizes treatment and bills the BWC.
8. Choice of Doctor
Choose any BWC-certified provider; can change with MCO approval.
9. Attorney Fees
Capped at 33 1/3% of compensation awarded in contested cases under Ohio Rev. Code § 4123.06; lower limits for specific procedures. Fees subject to IC approval.
10. Industrial Commission Hearings
Disputes proceed through 3 levels: District Hearing Officer → Staff Hearing Officer → Industrial Commission. Further appeal to common pleas court (de novo) under Ohio Rev. Code § 4123.512.
11. Violation of Specific Safety Requirement (VSSR)
Additional award (15-50% increase) if the injury was caused by the employer's violation of a specific safety requirement (Ohio Const. Art. II, § 35).
This is legal information, not legal advice.