Resolving Your Ohio Workers’ Compensation Case

An summary of the Ohio workers’ compensation settlement procedure.

If you have a workers’ compensation claim, you will most likely think about settling your case. Many employees settle their claims because they would rather take a lump sum settlement and be done with the workers’ compensation system. In other circumstances, employees settle to avoid the danger of losing at a workers’ compensation court. While there are advantages to settling your case, you also give up major rights when you do so.

Learn more about the workers’ compensation settlement procedure in Ohio by reading on.

What Exactly Is a Workers’ Compensation Settlement?

When you settle an Ohio workers’ compensation claim, you give up your entitlement to further workers’ compensation benefits in return for a predetermined quantity of money. In most cases, you will be required to waive all of your rights and benefits arising from your injuries. However, a blanket release in which you waive “any and all” workers’ compensation claims is not permitted. Instead, your settlement should specify whose injuries and periods of employment are covered. You are agreeing to permanently close your workers’ compensation claim for those covered injuries.

You may sometimes agree to a partial settlement of your claim. For example, you might waive your entitlement to all disability and salary loss benefits while retaining your right to future medical care under workers’ compensation. However, partial settlements are uncommon.

Settlements are often paid in a flat amount, although in certain situations, they are paid in payments over time (this is sometimes called a “structured settlement”).

How Do I Begin Settlement Talks?

Ohio is one of the few states with a monopoly workers’ compensation system: the Ohio Bureau of Workers’ Compensation insures most firms (BWC). A few businesses are self-insured and pay their own workers’ compensation claims. (You may find out whether your company is self-insured by searching the BWC’s online database.)

If your company is covered by the state, you (or your lawyer) will contact your BWC claims services professional to begin talks. If your employer is self-insured, you (or your lawyer) will deal with the corporation directly.

What Is the Value of My Workers’ Compensation Claim?

Settlement values vary since each workers’ compensation claim contains unique facts and legal difficulties. The total amount of workers’ compensation payments you potentially get throughout the life of your claim will determine the value of your claim. (To find out how much you could be entitled to, see our page on Ohio workers’ compensation benefits.) Any issues with your claim, such as contradictory medical data concerning the degree of your permanent impairment, would diminish the value of your claim.

A variety of additional variables may influence the worth of your claim, and most employees will be unable to effectively estimate a reasonable settlement value without the assistance of an expert Ohio workers’ compensation lawyer. Without the assistance of a lawyer, you may severely undervalue your claim.

Certain deductions will be made from your settlement cheque. These expenses may include the following, depending on the nature of your claim:

attorney’s fees and court expenses (See our page on workers’ compensation attorney expenses.)
repayment for an overpayment on workers’ compensation, unpaid medical bills, unpaid child support, and a Medicare set-aside account (money to cover future medical expenses related to your work injury, which must be spent before Medicare will cover treatment).

Read our post on how much of your settlement you will get to retain to learn more about these deductions.

When Can I Resolve My Ohio Workers’ Compensation Claim?

You may settle your workers’ compensation claim in Ohio at any time. However, many employees delay settling their claims until they have reached their maximum medical improvement (MMI). When your doctor feels your condition is stable and will no longer improve with therapy, you are at MMI.

It is quite dangerous to settle before MMI. Following a settlement, you are normally liable for the expense of any future medical care. If your rehabilitation takes longer than predicted, or if you need further treatment, your settlement monies will most likely not cover it.

How Can I Complete My Settlement?

All workers’ compensation agreements in Ohio must be approved by the state. The procedure of settling a settlement, however, differs depending on whether your firm is covered by the BWC or is self-insured.

If your company is covered by state insurance, you will need to file a Settlement Agreement and an Application for Approval to the BWC (Form C-240). If you have a lawyer, the BWC will contact and negotiate with him or her. If you are not represented by an attorney, the BWC will contact you directly.

You must submit a distinct set of paperwork with the Industrial Commission to settle a claim with a self-insured employer (IC). In most cases, you must fill out and sign a Self-Insured Joint Settlement Agreement and Release (Form SI-42) as well as an acknowledgement form (Form S1-43).

After receiving your settlement documentation, the BWC or IC will assess your claim and signed documents. If the settlement looks to be “fair and equitable,” the agency will approve it and issue you a settlement approval letter.

Is it possible for me to change my mind?

A workers’ compensation settlement is always voluntary—neither side may compel the other. However, once the BWC or IC accepts your settlement, you only have 30 days to withdraw from it. (You must submit a formal withdrawal to reverse a settlement.) Once the 30-day waiting period has passed, your settlement is complete, and you cannot reopen the claim and seek extra compensation.

Do I Need an Attorney?

Before you sign a settlement agreement, be certain you understand the terms and what you are giving up. If you do not already have a lawyer, you should speak with an Ohio workers’ compensation lawyer. A lawyer may examine your claim and determine whether or not a settlement is in your best interests. The BWC or your employer’s lawyer may be able to address some basic questions concerning your settlement paperwork, but they cannot provide legal advice.