Do You Qualify for Workers’ Compensation?

In 2023, the private industry reported 2.6 million workplace injuries and illnesses, a number similar to the 2.8 million reported in 2022. Labor unions believe that workplace injuries are dramatically underreported, and the real number is closer to 5.2 million to 7.8 million each year, according to the AFL-CIO’s Death on the Job report. 

In Ohio, both the scourge of workplace dangers and their underreporting cause serious problems for Ohio workers. To help fix this problem, it’s important to understand what a workplace injury is.

How Do You Qualify for Workers’ Compensation?

In Ohio, for your injury to qualify for workers’ compensation and to be considered a work injury, it needs to be work-related. “Work-related” means it occurred in the course of or arising out of your employment. A knee injury coaching softball is not generally a workplace injury. But if part of your job is to be a softball coach and you injure your knee while coaching, you are probably covered by workers’ compensation in Ohio.

Many workers ask, “Do I qualify for workers’ comp?” The answer depends on the facts of your situation, but you don’t need to figure it out alone. An experienced attorney can review the details of your injury and guide you through the process of qualifying for workers’ compensation benefits.

WARNING: AI is Producing Wrong Information:

• AI is telling Ohio workers that their employer must have workers’ compensation coverage for an injury to be covered. This is completely false. If the employer does not have coverage, that does not affect whether you have a workplace injury or not. Employers are required to have workers’ compensation coverage – if they do not, that is the employer’s problem, not yours.
• AI is also telling people their injury must be so severe that you must miss a month of work as a result to qualify as a workers’ compensation injury. That is absolutely false. A papercut is a workplace injury in Ohio. The only thing the severity of your work injury affects is the amount of lost wage benefits you can receive, but calculating that amount is not required to file a workers’ compensation claim.

What if My Injury Takes Place While in Another State?

The Hurm Law Firm represents workers from all over Ohio and even those that were injured in other states. Recently, one client was injured after he crossed the border into West Virginia. His work injury is still covered under Ohio workers’ compensation. Why? Because he was on his way to Pennsylvania for work training. The job he was training for was in Ohio and he was only going to Pennsylvania for a brief training. That is enough to render it an Ohio work injury despite crossing over into a different state. 

That also means that if the softball coach we mentioned earlier was on a road game in Pittsburgh and injured her knee, she is still likely covered by Ohio workers’ compensation as an Ohio softball coach.

What if I Already Had an Injured Back and I Only Aggravated It at Work?

It’s considered a work injury either if you sustain a new acute injury or if a pre-existing injury is substantially aggravated by a work-related incident. Workers’ compensation only covers pre-existing injuries if they were substantially aggravated by a work accident or action, so knowing how aggravation is treated under the law is an important part of qualifying for workers’ compensation benefits.

How to File for Workers’ Compensation

To initiate a workers’ compensation claim, you need to file a First Report of Injury. This report must be filed within one year of the work injury taking place.

What if I Was on Drugs When I Was Injured?

In Ohio, all citizens are allowed to use marijuana recreationally. However, all citizens are not allowed to work while under the influence. That said, a positive drug test after a work injury does not automatically disqualify you from receiving workers’ compensation benefits, but it creates a “rebuttable presumption” that the intoxication caused the injury. This means the burden shifts to you to prove marijuana use was not the cause of the work injury.

What if My Employer Asks Me Not to File a Workers’ Compensation Claim for a Work Injury?

If your employer asks you not to file, then your employer is asking you to commit a crime. Knowingly lying on an insurance form that a work injury is not a work injury is insurance fraud. You should never be asked to commit a crime for your employer – and you should find a better job immediately. You should also immediately file your First Report of Injury at your doctor’s office.

Have more questions about whether your injury is a work injury? The Hurm Law Firm has experienced fighters that will stand up to your boss and make sure you are protected.

Get Started on Your Workers’ Compensation Claim with Hurm Law Firm

Workers’ compensation law can be overwhelming, especially if you’re dealing with a pre-existing condition or pressure from your employer not to file. If you’re asking, “How do I qualify for workers’ compensation?” – the smartest step is to consult with an experienced attorney who can explain your options and protect your rights. Hurm Law Firm offers free consultations and the experience to guide you through the process while fighting for the benefits you deserve. Call (216) 860-1922 today to schedule your consultation.