Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
1. Identify the Type of Claim
In Ohio you may pursue two paths: workers’ compensation benefits through each employer’s insurer or a third-party personal injury claim. Workers’ compensation covers injuries arising out of and in the course of employment. A third-party claim applies if someone other than your employer caused the injury, letting you recover full wage losses from all jobs.
2. Notify Each Employer and Carrier
Report your injury to every employer within 90 days. Ohio law requires notice “as soon as practicable,” but no later than 90 days from the date of injury. See Ohio Rev. Code § 4123.52: ORC 4123.52. Timely notice preserves your right to workers’ comp benefits.
3. File Separate Workers’ Compensation Claims
Complete an Employee’s Claim for Compensation (Form C-84) with the Ohio Bureau of Workers’ Compensation (BWC) or your private carrier for each job where the injury occurred. Each claim triggers a benefit calculation based on your average weekly wage with that employer. Temporary Total Disability (TTD) benefits equal two-thirds of your average weekly wage, subject to statutory maximums and minimums: ORC 4123.56.
4. Calculate Lost Wages Across Jobs
For each employer, gather your pay stubs or earnings statements for the 52 weeks before injury to calculate your average weekly wage. Submit these records with your C-84. The BWC or carrier will verify earnings and issue TTD payments accordingly.
5. Consider a Third-Party Lawsuit
If a non-employer caused your injury—such as a negligent driver or property owner—you can file a personal injury lawsuit in civil court. This claim can include lost wages from all your jobs, future earning capacity, and other damages. The statute of limitations for personal injury in Ohio is two years: ORC 2305.10.
6. Gather Documentation
Compile the following for each claim:
- Pay stubs and tax returns showing hours worked and wages earned.
- Doctor’s reports detailing your injury and work restrictions.
- Notice letters and claim forms filed with each employer or carrier.
7. Consult an Attorney
An attorney can coordinate multiple claims, avoid benefit offsets, and determine if a third-party action adds value. Legal guidance helps you meet deadlines and document losses accurately.
Helpful Hints
- Send all notices by certified mail or use the BWC online portal.
- Keep copies of every form, notice, and medical record.
- Track deadlines: 90 days for workers’ comp notice, two years for personal injury suit.
- Review each employer’s insurance carrier and claim process.
- Understand that workers’ comp covers only job-related wage loss, while a third-party claim covers all.
- Maintain a daily log of work restrictions and missed hours.