Ohio law requires every business with employees to provide workers’ compensation insurance purchased through a state agency. This policy covers medical bills and partial lost wages for work-related injuries.
Any business that employs even one person in Ohio must carry workers’ compensation insurance.
The exception is domestic workers, such as housekeepers, babysitters, and gardeners, who earn less than $160 per calendar quarter. If the worker is paid more than that amount during a 13-week period, then the employer is required to have workers’ comp coverage.
Volunteers are not required to be covered by workers’ comp insurance, unless their work is for a public employer, such as a volunteer firefighter or emergency medical technician.
Out-of-state workers are subject to workers' compensation laws in their own states; Ohio employees working in other states may need additional coverage.
Ohio employers are required to carry workers’ compensation insurance for part-time employees. However, if an injury occurs, the part-time employee’s benefits would be calculated according to a specific formula that takes into account how many hours the person usually works.
A sole proprietor or member of a partnership must carry workers’ compensation insurance for any employees of the business, but it is optional for owners to have insurance for themselves.
It’s crucial that employers correctly classify individuals as employees or independent contractors. If the employer manages working hours, materials, travel routes, and quality of performance, then the worker is an employee and the business owner is required to provide workers’ comp coverage.
If an employee suffers a workplace injury or develops an occupational disease, the BWC pays for medical care and lost wages. The employee can see any doctor for their first visit, but then must choose a medical provider certified by the BWC.
Workers' compensation benefits for injured employees in Ohio include:
Workers' compensation in Ohio is a no-fault system, which means that employees are eligible for benefits regardless of who's responsible for the injury. For details, visit the BWC page on types of compensation.
Workers' compensation insurance usually includes employer's liability insurance, but that's not the case when it's purchased through a state fund.
Ohio employers who want this coverage, which protects against employee lawsuits over injuries, must purchase it as stop-gap coverage. They can usually add it to their general liability policy purchased through a private insurer.
General liability insurance and other small business insurance policies are available at competitive rates in the open market in Ohio. Start a free online application with Insureon to compare quotes from leading insurers today.
The BWC closely monitors and enforces workers’ compensation law. Ohio has strict penalties for businesses that fail to comply or that allow coverage to lapse.
It’s up to the BWC to set a premium for each employer every year. It will then send the employer a payment schedule. These premiums are based on a company’s estimated payroll, which is then re-evaluated each July and adjusted to reflect the actual payroll amount. Employers pay premiums directly to the BWC.
If a company allows coverage to lapse by not paying premiums, or if it does not submit a payroll report on time, penalties are assessed as follows:
If an accident occurs and a policy has lapsed, the employer can be sued by the injured worker for all damages and expenses or file a workers’ comp claim. The Ohio BWC would then require that the employer reimburse it for the entire cost of the claim.
Workers’ compensation death benefits in Ohio can be awarded to dependents – those who relied on the deceased worker for financial support. Dependents include:
There might be other family members who qualify as wholly or partially dependent, but that would be evaluated on a case-by-case basis.
Death benefits are 66.67% of the worker’s average weekly wage, within the state maximum and minimum, which changes annually. The BWC would decide how to allocate benefits among dependents. Generally, the spouse would receive benefits until he or she dies or remarries. Upon remarriage, the spouse would receive two years’ worth of benefits in a single lump sum.
The workers’ compensation death benefits also include up to $5,500 for burial expenses.
An employer can clear itself from further time and costs by participating in a workers’ compensation settlement. Ohio, like other states, accepts settlements as closure of a claim and the employee is not allowed to request additional benefits. Generally, a settlement is paid in a lump sum or a structured settlement, with the total sum paid out over time in increments.
There are four workers’ compensation Ohio requirements that must be met to have a claim lead to a settlement:
A partial settlement could also be awarded to a claim, which is when the employee would settle disability and wage loss benefits but would retain the right to receive future medical treatment.
For both workers’ compensation death benefits in Ohio and regular benefits claims, the statute of limitations is one year from the time of injury or death.
If you are ready to explore commercial insurance coverage for your Ohio business, start a free online application today to compare quotes from top-rated insurance companies.