Workers' Compensation for Healthcare Workers

Ohio’s workers’ compensation system exists to help employees who’ve been hurt on the job, including those whose job is caring for the rest of us. However, getting those benefits can be challenging, as it involves a complex claims process, layers of bureaucracy, and insurance companies that jealously guard their profits. You spend your days working in dangerous conditions to help other people. You shouldn’t have to worry about how you’re going to get the benefits you’re owed.               

That’s where the Columbus-based workers’ compensation attorneys of Philip J. Fulton Law Office come in. We have more than 40 years of experience helping injured workers secure the benefits they need to cover their medical expenses and lost wages while they recuperate from a work-related injury, and our founding attorney literally wrote the book on workers’ comp in the state. We’d be honored to serve you, too.

Don’t hesitate to get the help you need during this challenging time. Call our law firm for a free initial consultation with a lawyer who handles workers’ compensation for healthcare workers, and let us pursue your case on your behalf.

Why Healthcare Workers Are Especially Vulnerable

Healthcare workers in Columbus and elsewhere in Ohio are particularly vulnerable to work injuries because of the nature of the work they perform. Work in the healthcare field can be emotionally and physically demanding, and it can involve exposure to environmental hazards in the form of sick patients and caustic chemicals. Common hazards healthcare workers encounter include:

  • Lifting, transferring, and shifting patients
  • Exposure to infectious diseases, bloodborne pathogens, and hazardous drugs
  • Workplace violence from patients or visitors
  • Slip and fall accidents on continually polished floors
  • Trip and fall accidents over obstructions in patient homes
  • Repetitive motion injuries

These hazards can lead to serious injuries, such as:

  • Back injuries: Handling patients throughout the workday can leave healthcare workers with herniated discs and musculoskeletal disorders.
  • Exposure: Needlesticks can infect healthcare workers, and they can be exposed to HIV, hepatitis B, and hepatitis C, as well as any other airborne pathogen they can pick up from patients or visitors. Chemical or biological exposure can cause respiratory illness or skin conditions.
  • Repetitive strain injuries: Carpal tunnel syndrome, tendinitis, cubital tunnel syndrome, tennis elbow, stress fractures, and bursitis, among other conditions, can develop when a worker performs the same motions repeatedly while performing their job.
  • Psychological conditions: The stress and emotional intensity of medical workplaces can cause workers to develop psychological conditions like PTSD, anxiety, or depression.

Ohio's Unique State-Funded Workers' Compensation System

In many states, employers are free to purchase workers’ compensation insurance from any provider they wish. Ohio is different. All employers with one or more employees must buy coverage directly from the Ohio Bureau of Workers’ Compensation (BWC) or qualify for another state-approved option. When you’re injured in Ohio, your workers’ comp claim is filed with and managed by the BWC.

However, large employers, including many major hospital systems, are allowed to self-insure their workers’ compensation obligations. If your employer is self-insured, you’ll file your claim with your employer’s claims administrator, rather than with the BWC. Large employers also tend to have considerable resources with which they can hire teams of lawyers to contest workers’ compensation claims. If your employer is self-insured, it’s a good idea to hire an Ohio workers’ compensation lawyer from a reputable law firm to pursue the benefits you deserve.

Who Is Covered and Who May Be Excluded

Most healthcare workers classified as employees are covered under Ohio workers’ compensation law, including:  

  • Registered nurses and licensed practical nurses
  • Certified nursing assistants and patient care technicians
  • Radiology, lab, and pharmacy technicians
  • Housekeeping staff
  • Dietary and support staff in healthcare facilities
  • Home health aides employed by licensed agencies

Other workers are not covered by workers’ compensation. Independent contractors are not usually covered, and some home health workers may be classified in ways that make them ineligible. If you don’t know whether you qualify for workers’ compensation benefits, contact a skilled workers’ compensation lawyer from Philip J. Fulton Law Office.

Benefits Available Through Ohio Workers' Compensation

Ohio workers’ compensation law provides these benefits to covered workers:

  • Medical benefits: Reasonable and necessary medical treatment for your work injury.
  • Temporary total disability (TTD): Partial wage replacement paid weekly at the rate of 66 2/3% of your pre-injury average weekly wage for any time you’re completely off work while healing from your injury.
  • Permanent partial disability (PPD): Money you can receive if you suffer permanent impairment to a part of your body because of the injury.
  • Permanent total disability (PTD): If you are unable to return to any kind of work because of your injury, you can receive 66 2/3% of your pre-injury average weekly wage in weekly payments.
  • Death benefits: If the injured worker’s injury or illness results in death, surviving dependents can receive benefits.

The Process of Filing an Ohio Workers' Compensation Claim

To start your workers’ comp claim, notify your employer of your injury, ideally, within 24 hours. You should make this notification in writing for your records. Seek medical treatment from a BWC-certified provider.

Next, you will need to file a First Report of Injury (FROI) with the Ohio BWC. Your employer is also required to report your injury. The BWC will assign a claim number and an agent to manage your case.

Once your claim has been filed, the BWC may allow, deny, or contest it. If your claim is denied or contested, you’ll need to take your case before the Ohio Industrial Commission. At this point, if you haven’t already done so, consider engaging an attorney from a law firm that handles workers’ compensation cases. Your attorney can handle all the legal aspects of your claim so that you can focus on resting and getting better.

What to Do If Your Claim Is Denied

In the event that your claim is denied, an attorney can appeal the decision through the following three levels of the Ohio Industrial Commission, as necessary:

  • District Hearing Officer (DHO): At the first level of appeal, an officer will review the evidence and issue an order.
  • Staff Hearing Officer (SHO): Should the officer rule against you, you can proceed to the second level of appeal, in which a different officer will review the DHO’s order.
  • Industrial Commission Review: You can appeal the SHO’s decision to the Full Commission in some cases.
  • Ohio court system: If you exhaust the available administrative remedies, you can appeal to the Ohio court system.

How an Ohio Workers' Compensation Lawyer Can Help

Workers’ compensation claims are complicated, and one wrong move could jeopardize your access to the benefits you deserve. Fortunately, you don’t have to pursue your case on your own. Philip J. Fulton Law Office in Columbus can help you by:          

  • Investigating the accident or exposure that caused the injury
  • Gathering evidence to support your claim
  • Filing your claim with the BWC
  • Representing you at BWC and Industrial Commission proceedings
  • Appealing your case as required
  • Handling self-insured claims, which require different strategies
  • Fighting for the benefits you deserve

We’ve been helping injured Ohioans access the benefits they’re entitled to for over 40 years, and we know the system inside and out. In fact, our founding attorney literally wrote the book on workers’ compensation in Ohio. Let us put our skills and insight to work on your behalf, and at no out-of-pocket cost to you.

Get Help from Philip J. Fulton Law Office Today

If you’re an Ohio healthcare worker who was hurt at work, turn to Philip J. Fulton Law Office in Columbus for support. Our lawyers represent injured people every day, and we know how to build a successful workers’ compensation case.