Ohio Worker's Compensation - What is It?
Worker's Compensation is a system of no fault insurance created statutorily by federal or state government to allow for a more efficient economy. The government places a legal duty upon all businesses to provide insurance for their employees for any work related injuries, but exempts them from negligence suits for such injuries. The State of Ohio implemented a system for Ohio Worker's Compensation in 1924, with an amendment of Section 35 of the Ohio Constitution to provide "compensation to workmen and their dependents, for death, injuries, or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state...Such compensation shall be in lieu of all other rights to compensation, or damages...and any employer who pays the premium...shall not be liable to respond in damages at common law or by statute..."
So in plain English, the Ohio Constitution mandates an Ohio Worker's Compensation system which provides for:
Worker's Compensation to employees for any work related injury, death, or occupational disease Establish an Ohio Worker's Compensation fund to be administered by the state and funded by employer premiums Exempt employers who participate in the Ohio Worker's Compensation fund from liability for work related injury, death or occupational disease under common law or statute
BENEFITS
The fund currently provides the following benefits for injured employes: Temporary Total Compensation provides an injured employee with a percentage of wages lost due to time off. Permanent Partial Compensation provides an injured employee compensation for the residual physical damage to his or her body. This is a lump sum payment. Permanent Total Compensation is paid in a lump sum to any employee who cannot find ANY gainful employment due to their injury Medical Compensation for all medical treatment resulting from a work related injury.
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Harry S. Bernstein has been representing employers and employees in the area of Ohio Worker's Compensation law in the Cleveland area for over 18 years. You can find out more about Worker's Compensation law, and his practice at http://www.harrybernsteinlaw.com
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