How to Address Discrepancies in Employer d/b/a Versus Legal Name When Filing a Lost Wage Claim
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Identify the Employer’s Legal Entity
Start by confirming the employer’s legal name through the Ohio Secretary of State. You can search the business registry at https://www.ohiosos.gov/businesses/ to retrieve the exact corporate or LLC name. This ensures you list the correct party on your lost wage claim.
2. Understand Ohio’s Definitions
Under Ohio Revised Code §4123.01(E), an “employer” includes any person, firm, or corporation that has one or more workers under any contract of hire. The code does not change if the employer uses a trade name (d/b/a). Always list the official name defined in the Secretary of State filing, even if the business operates under a different name with customers.
3. Complete the Industrial Commission Form Accurately
When filling out the Form C-86 (Lost Wage Statement) provided by the Ohio Industrial Commission, enter the legal name first. If the employer does business under a trade name, add the d/b/a in parentheses. For example:
ABC Holdings, LLC d/b/a XYZ Construction
4. Cite Statutory Authority
Ohio law requires precise employer identification for processing claims. See Ohio Revised Code §4123.54 for lost wage benefits: https://codes.ohio.gov/ohio-revised-code/section-4123.54. This statute governs temporary total disability payments when work-related injuries prevent you from earning wages.
5. Attach Supporting Documentation
Include a copy of the Secretary of State’s registration printout or the employer’s articles of organization/certificate of incorporation. These documents prove the legal name and help the Industrial Commission assign the claim correctly.
6. Notify All Relevant Parties
Send a copy of your claim form and supporting exhibits to both the legal entity and the d/b/a address, if different. Maintain proof of service by certified mail or courier return receipt.
7. Follow Up on Claim Status
Monitor your claim through the Industrial Commission’s online portal. Contact the BWC or Commission clerk if the employer contests the name or requests an amendment.
Helpful Hints
- Use the Ohio Secretary of State’s business search to verify names and addresses.
- Always list the legal name first, then the d/b/a in parentheses.
- Attach a copy of the official registration documents to your claim.
- Retain certified mail receipts in case of disputes over service.
- Refer to ORC §4123.01 for definitions and ORC §4123.54 for lost wage benefit rules.
- Keep detailed notes on all communications with the employer and the Industrial Commission.