What is workers’ compensation?
Workers’ compensation benefits
Workers’ compensation claims process
Do I need an attorney? Common situations
How is a WC settlement determined?
Other topics
What you need to know if you have suffered a slip and fall injury at work.
Under Ohio law, a worker who slips and falls at work may be eligible for a workers’ compensation claim if the injury occurred in carrying out work duties, or while performing a necessary task within the course and scope of employment. For example, an employee who falls while walking into the office from the parking lot, on the way to or from the work bathroom or a colleague’s office, or while performing routine work tasks, maybe eligible for a workers’ compensation claim.
Another important fact about slip and fall injuries in Ohio is that workers’ compensation laws operate under strict liability, meaning Ohio has a “no fault” system. An injured employee does not need to prove the injury was, or was not, their fault in order to obtain workers’ compensation benefits. In fact, the injured worker can be at fault, or responsible, for the injury, or it could have occurred as an accident. Proof that the injury occurred in the course of carrying out a workplace duty, or due to a special hazard located in the workplace, is more important to workers’ compensation eligibility.
Dependent upon the circumstances of the slip and fall, the injured worker may also have the ability to file a violation of specific safety requirements (VSSR) claim against the employer. These claims are intended to additionally compensate an injured worker if the work environment is not deemed to have met all of the specific safety requirements, under Ohio’s statutes.
An injured employee does not need to prove an injury was, or was not, their fault in order to get a workers' compensation claim in Ohio.
What To Do.
It is very important that a worker reports any slip and fall injury to their employer (i.e., a supervisor or HR department) as soon as possible. If medical treatment is needed, seek treatment and inform the provider that you are treating for a work-related injury. Provide sufficient details to the provider regarding the incident or injury, including time and location.
Filing A Claim for A Slip and Fall
Like any workers’ compensation claim, you will be required to file the appropriate documentation (a First Report of Injury (FROI)) and medical treatment records with the Ohio Bureau of Workers’ Compensation (BWC) in order to initiate the claim process. Once an application has been filed with the Ohio BWC, a file and investigate will be opened regarding your claim. The BWC is supposed to allow or deny the claim within 28 days. Regardless of whether the claim is allowed or disallowed, you, the BWC, and your Employer will have 14days to appeal the BWC’s decision and request a hearing on your claim with theIndustrial Commission of Ohio.
Contact Us For Help
You stand the best chance at getting your claim approved if you seek the help of a knowledgeable Ohio workers’ compensation attorney who will advocate on your behalf to get the WC settlements and compensation you deserve. The lawyers at Lelli Law Office can assist you with this process.
