Detailed Answer
If an accident leaves you unable to work, Ohio law offers several paths to recover lost wages. Your eligibility depends on the accident type, location, and responsible party. Below are the most common options:
1. Ohio Workers’ Compensation Benefits
Ohio’s workers’ compensation system provides no-fault wage-loss benefits for work-related injuries. Under Ohio Rev. Code § 4123.56, you can recover two-thirds of your average weekly wage (subject to statutory maximums). To pursue benefits:
- Report the injury in writing to your employer within one year (§ 4123.84).
- Your employer must submit a First Report of Injury (FROI) to the Ohio Bureau of Workers’ Compensation (BWC).
- If the claim is denied or disputed, you may file an appeal with the Ohio Industrial Commission.
2. Personal Injury (Third-Party) Claim
If someone other than your employer caused the accident—such as a negligent driver or property owner—you can file a negligence lawsuit to recover economic damages, including past and future lost wages. Key points under Ohio law:
- Ohio has a two-year statute of limitations for personal injury claims (Ohio Rev. Code § 2305.10).
- Document your wage loss with pay stubs, tax returns, and employer statements.
- Economic damages in Ohio include actual earned income lost due to the injury.
3. Social Security Disability Benefits
If your injuries cause long-term or permanent disability, you may qualify for Social Security Disability Insurance (SSDI). Though federally administered, SSDI can supplement wage loss. To apply:
- Gather medical evidence proving a disability expected to last at least 12 months or result in death.
- Apply online at SSA.gov or visit your local Social Security field office.
- Allow for a five-month waiting period after the onset date before benefits start.
4. Short-Term and Long-Term Disability Insurance
Many employers offer group disability plans; some individuals purchase private policies. Benefits vary but generally pay 50–70% of pre-injury income. Steps to take:
- Review your policy or employee handbook for elimination periods and benefit durations.
- Submit a claim with medical documentation of your inability to work.
- Track deadlines for proof of disability and appeals.
5. Other Government Programs and Assistance
Depending on your income and family situation, you might access temporary assistance programs through the Ohio Department of Job and Family Services (ODJFS). While not designed to replace wages, they can help with basic needs during recovery.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- File your workers’ compensation claim promptly—Ohio limits most claims to one year from the injury date.
- Document every missed workday: keep pay stubs, employer communications, and medical records.
- Understand deadlines for third-party claims—missing the two-year window can bar recovery.
- Consult an attorney before settling any claim to ensure full compensation for lost wages.
- Review all insurance policies for coverage details, deadlines, and required notices.
- Maintain organized records of medical bills, test results, and rehabilitation expenses.