Ohio Workers Compensation Laws

how does workers compensation work in ohio

Workers compensation law, rules and policy information for the State of Ohio

Authority/Rating Bureau:   Ohio operates a monopolistic state fund. Coverage can only be provided by the Ohio Bureau of Workers Compensation. How to secure Ohio Workers Compensation Coverage.

Compulsory:   Yes

Private Insurance:   Not Allowed

Self-Insurance:   Is allowed but not through private insurers or through groups of employers.

State Fund:   Ohio maintains an exclusive state fund. Insurance can only be purchased in this state from this fund. Contact at:

Bureau of Workers' Compensation 30 W. Spring St. Columbus, OH 43215-2256 Phone: 1-800-644-6292 Fax: 1-877-520-6446 http://www.ohiobwc.com/

Assigned Risk:   All work comp coverage in the State of Ohio is provided by the OBWC, Ohio Bureau of Workers Compensation. To contact, see State Fund above.

Numerical Exceptions:   There are no numerical exceptions. If you have any employees, you must have an active workers compensation policy to insure coverage for those employees against a workplace injury. ORC 4123.01 details the requirements for workers compensation coverage for Ohio employers.

Individual Waivers Allowed:   Waivers are only allowed for employer sponsored recreational events.

Sole Proprietor:   Excluded from coverage/may elect to be included

Partners:   Excluded from coverage/may elect to be included

Corporate Officers:   Included in coverage/may elect to be exempt

LLC Members:   A limited liability company (LLC) is a hybrid of business entity that combines the flow-through tax status of a partnership with the limited liability of a corporation. A LLC company can elect to be treated as a corporation, sole proprietor or partnership for income tax purposes. Because of this, owners of an LLC can be treated differently depending upon the form of entity they elect for income tax purposes.

Election or Rejection of Coverage Forms:   These forms are not readily available on the Ohio Bureau of Workers Compensation website. Make sure you contact the BWC with any questions you may have about exclusion or inclusion in coverage for their state.

A Note About Forms:   In Ohio, as a monopolistic state, workers compensation is only available through the state Bureau of Workers Compensation. Be sure to contact the Ohio BWC for information about special workers compensation forms they may require and or use.

Contractors:   Special payroll limitations. Since 1995, construction industry payroll limits have been established for manual classification codes in Industry Group 4. BWC reviews the limits each year and revises them as needed. The construction industry employer who chooses to use the limit when reporting payroll must maintain records to verify the weekly wages paid to construction industry employees. The payroll limitation applies to weekly payroll, regardless of the hourly or daily remuneration. Refer to the OBWC for more detailed information.

Special Notes:   A new law has gone into effect that erases a competitive disadvantage for Ohio employers who were forced to pay workers compensastion premiums in other states as well as Ohio for the same workers. The new law allows Ohio employers to provide payroll information for employees who performed labor and services only in Ohio. Previously they had to report their total payroll and pay a premium based on that total. Once the payroll information has been provided to the Ohio Bureau of Workers Compensation they will determine the premium the business needs to pay. In the new law, employers based in other states must purchase Ohio coverage for temporary workers while in Ohio unless the other state offers coverage for Ohio employers with operations while in their state. OBWC is working on this reciprocal agreement with as many other states as possible to help relieve the burden from Ohio employers.

The following individuals are subject to a minimum and maximum payroll reporting requirement:
  • Active executive officers of a corporation;
  • Employers listed below who choose elective coverage (because they are not required to carry workers’ compensation insurance).
    • Sole proprietors
    • Partnership
    • Family farm corporate officers
    • Limited liability company acting as a partnership
    • Limited liability company acting as a sole proprietor
    • Individual incorporated as a corporation (with no employees)
Note: Ministers covered under a religious organization’s policy are not subject

to the minimum and maximum reporting requirement, and should report their actual earnings.

Individuals in any of the categories above must report a minimum and maximum payroll based on the state average weekly wage (SAWW). The Ohio Department of Job and Family Services determines the SAWW effective Jan. 1 of each year. Effective July 1, 2006, these individuals must report minimum wages equal to 50 percent of the SAWW up to a maximum of 150 percent of the SAWW.

Ohio Subrogation:   Ohio state statute 4123.931 provides information about workers compensation subrogation in Ohio. Statute 4123.931 is called; TITLE XLI [41] LABOR AND INDUSTRY CHAPTER 4123: WORKERS' COMPENSATION [SUBROGATION] To view this statute online just use the link we've provided below. It is viewable and this is a direct link to 4123.931 for your use.

Ohio Workers Working In Other States; Other States Workers Working In Ohio, Extraterritorial, Reciprocity and Non-Compliance:   When Ohio workers are working temporarily in another state, workers compensation coverage for that worker is then governed by the extraterritorial provisions found in Ohio statutes. When or if allowed it's extraterritorial provisions that allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions so it's important that an employer or insurance professional be aware of how their state responds to out of state employment. It's reciprocity that governs how Ohio workers compensation coverage responds for a worker from another state who is working temporarily in Ohio.

A few special things about Ohio:
  • When exteriterritorial coveragte is provided for Ohio workers outside of Ohio temporarily any claim must be filed with the Ohio BWC. If the claim is filed in another state and decided on merits then any right to Ohio benefits for the same claim is waived.
  • Extraterritorial duration depends on the specific circumstances while an employee is still working temporarily outside of Ohio.
  • Non-Ohio employees working in Ohio can trigger recirprocity coverage under another state's work comp laws. The employee will be exempt from Ohio coverage if the other state exempts Ohio employees while working within that state.
  • Ohio will provide the same exemption an other state gives to Ohio employees up to a 90 day limit.
  • Employees hired in an other state and performing work outside Ohio may be exempt from Ohio coveage when form C-112 is filed with the OBWC.
  • Be sure to refer to this OBWC memo that explains Ohio interstate issues.

Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided this general information about extraterritorial and reciprocity as a basic guide. Please contact your Ohio state authority with specific questions or applications concerning this topic!

Regulated By:   Two separate agencies administer Ohio's workers' compensation system: the Ohio Bureau of Workers' Compensation (BWC) and the Industrial Commission of Ohio (IC). The BWC is responsible for collecting workers' compensation insurance premiums, overseeing the insurance system, and paying out compensable claims. The IC steps in when a BWC claim is disputed. The IC hears and decides contested workers' compensation claims and issues.

Bureau of Workers' Compensation 30 W. Spring St. Columbus, OH 43215-2256 Phone: 1-800-644-6292 Fax: 1-877-520-6446 http://www.ohiobwc.com/

The Industrial Commission of Ohio 30 W. Spring Street Columbus, OH 43215-2233 1-800-521-2691 (toll-free nationwide) Fax: (614) 728-7004 http://www.ic.state.oh.us/

Workers Compensation Statute:  

Didn't find what you're looking for? Search here for more about Ohio rules:  

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

Source: workcompconsultant.com

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