No one expects to be injured at work, but when it happens, there is an expectation that the employer has procedures, policies, and insurance to aid in resolving the injury. Unfortunately, some employers cut corners to save a few bucks, or they make mistakes. When they do not have workers’ compensation coverage, it opens a door to civil legal action for employees.
Most of the time, workers’ compensation non-compliant employers in Toledo are those who operate out of state and fail to realize that they do not have a workers’ compensation coverage plan for their employees injured in Ohio. They may argue that the person is an independent contractor rather than an employee, but it is important to define the terms employer and employee from the Ohio Revised Code 4112.01.
Employee:
An individual employed by any employer, excluding any individual employed in the domestic service of any person.
Employer:
The state, any political subdivision of the state, or a person employing four or more persons within the state, and any agent of the state, political subdivision, or person.
Many businesses without coverage are smaller, want to save money, or think they can fly under the radar. Regardless of reason, under Ohio Revised Code 4123.35, all businesses are required to have workers’ compensation insurance.
Those who fail to follow federal and state laws by not providing workers’ compensation coverage are called non-compliant employers.
Such Employers Can Include Those Who:
- Fail to pay premiums on time.
- Fail to comply with self-insurance requirements.
- Do not have workers’ compensation insurance at all.
Ohio law is clear: if a business has more than four employees, the employer must comply with workers’ compensation laws. Various consequences, such as penalties, fines, and civil legal action, can take place against the employer.
In such cases, consulting with one of our Workers’ Compensation Injury lawyers at Charles E. Boyk Law Offices is critical to protecting your rights and ensuring you receive the compensation you need from your non-compliant employer. Since your case may not be run-of-the-mill, it is crucial to have experts in Workers’ Compensation who can assist you in this stressful time.
Workers injured in the workplace face various disadvantages. The process can be confusing if you attempt to self-navigate through the Ohio Workers’ Compensation claim system.
Your employer may be putting their best interest at heart and denying your injury because of a lack of coverage. Your assigned doctor through the Bureau of Workers’ Compensation could be misdiagnosing your injury. Whatever the problem, complications will inevitably arise.
That’s where an experienced Toledo workers’ compensation attorney can be a valuable ally. Our Mission at Charles E. Boyk Law Offices is to provide support to injured workers by creating a plan to help you recover faster, ensure bills are paid, help you get back to work, and try to restore your quality of life as best as possible. Our experienced attorneys will ensure that your case is handled properly. We will fight to protect your rights and get you the compensation you deserve.
Types of Employers
Ohio law requires all employers to have workers’ compensation insurance for all employees. Employers may take different avenues that fit their business best. There are self-insured employers, state-fund employers, and non-compliant employers.
Self-Insured Employers
A self-insured employer pays for their employees’ health insurance and workers’ compensation claims directly. Self-insured employees are required to take direct financial accountability for their claims.
State-Fund Employers
State-fund employers pay an insurance premium to the Bureau of Workers’ Compensation (BWC). Then, the BWC pays out compensation benefits for the injured worker.
Non-Compliant Employers
Non-compliant employers have zero coverage for workers’ compensation claims. They find it unimportant, expensive, or think they can skate by when injuries do occur. The Bureau of Workers’ Compensation can sanction employers who fall into this category.
Can I Still Receive Worker’s Compensation Benefits?
Yes, even though your Toledo employer may lack workers’ compensation insurance coverage for your injuries, there are other options. Regardless of coverage, you must file a complaint with the Bureau of Workers’ Compensation to receive compensation.
The Worker’s Compensation Claim Process:
- Notify your Employer: Once you have been injured, first notify your employer of the events and the extent of your injuries. The sooner you report your injuries, the better the chances you will get the compensation you are entitled to. Your employer should document said injury. If you have a serious injury, seek medical help as soon as possible.
- File a First Report of Injury (FROI): File a claim with the Bureau of Workers’ Compensation (BWC). A form called the First Report of Injury (FROI) needs to be filled out and submitted to the BWC. Filing a FROI is the first step in the formal claim process. This filing is critical to ensure that your claim is properly filed on time. You can file an FROI on your own, but it can also be filed by your workers’ compensation attorney or your employer. A medical provider may also file the FROI on your behalf.
- Await a Decision by the Ohio BWC: The application will be considered, and an administrator with the BWC will make an award based on what you were entitled to receive if your employer complied with Ohio law. The award compensation is based on an evaluation of your claim through a personal interview with you, the employer, and medical providers. Ohio Law requires the BWC to approve or deny your claim within 28 days.
What If I Am Denied?
If you are denied compensation by the BWC, you can file an appeal with the Ohio Industrial Commission (IC). The IC conducts over 98,000 hearings annually, and most take place within 45 days of the original claim appeal.
The Ohio Industrial Commission (OIC) Can Assist Your Case In Numerous Ways:
- Information: The OIC offers information regarding the disputed claims process. Information on your rights as an employee to the process as a whole is available on the IC website.
- Communication: The OIC offers twelve office locations throughout Ohio to aid in customer services and speak to people face-to-face.
- Interpretive Services: There are interpretive services on behalf of the OIC for those who are deaf, hard of hearing, or require a foreign language interpreter at hearings, pre-hearing conferences, and medical examinations.
- Medical Assistance: The OIC offers a Medical Services Department that is responsible for scheduling medical examinations, preparing medical reports, fee billing, and addressing medical issues. They recruit and train specialist examiners throughout the state to perform such examinations on behalf of the OIC.
Where Is The Money Coming From Since My Employer Lacks Coverage?
The payment of your compensation comes from the statutory surplus fund. This fund is supported by private, non-compliant sanctions and self-insured employers.
The Ohio Statutory Surplus Fund covers numerous areas:
- Injuries of handicapped employees.
- Compensation from non-complying employers.
- Rehabilitation for injured workers.
- Claims of injured first responders in dangerous situations.
As the Ohio Statutory Surplus Fund is great for non-compliant Toledo employers, employees pay the price for their negligence.
What Repercussions Can My Employer Face?
In Toledo, non-compliant employers can face serious financial repercussions for their lack of workers’ compensation coverage and adherence to the law. As many businesses may be attempting to save money, this is not the place to cut corners. The BWC ensures that non-compliant companies pay the price through numerous outlets. There is no “get out of jail free” card for not having insurance, and the BWC’s job is to hold non-compliant employers accountable.
Repayment to the Statutory Surplus Fund
Any money awarded from the surplus fund to an injured employee must be repaid by the employer. If the employer fails to pay for the compensation, they will incur interest and further penalties.
Liens
The Bureau of Workers’ Compensation may also employ liens on the property of the non-compliant employers to secure payment for premiums and penalties that have not been paid.
Criminal Offenses
Failing to pay premiums, penalties, and liens can go as far as criminal charges from the BWC in the shape of fraud and theft.
Can I Sue My Employer?
Generally, in a Toledo workers’ compensation claim, employers are immune from private legal action or tort claim for workplace injuries. This is called tort immunity. However, this rule does not apply to non-compliant employers. Non-compliant employers can be sued for monetary damages by their employees, yet another reason to have a coverage plan. Without such coverage, non-compliant employers lose many perks that compliant employers have.
Loss of Arguments
Injuries in the workplace can range from small accidents to occupational diseases. When employers have workers’ compensation insurance, they have protections. Ohio is a no-fault state for workers’ compensation. Meaning, regardless of who is at fault or the ratio of fault, an employee can receive benefits.
There are some exceptions to no-fault systems, such as intoxication at the time of the injury. There is no discussion of who is liable, just a finding of a solution to the case. In the case of non-compliant employers, they lose the protection that insurance holders have. They can be litigated for the injury and costs incurred. The arguments for non-compliant employers are limited.
- Non-compliant employers cannot argue that the job was risky, and the employee knew that fact while conducting it.
- They cannot argue that the injury was the fault of a co-worker and not the employer.
- Non-compliant employers cannot argue that the employees should not gain compensation because of their own negligence. Neither contributory nor comparative negligence can be considered in such a claim.
All in all, when you have an employer that fails to comply, you have a different set of rights as an employee. This allows you to sue them in civil court, but they also lack the ability to defend themselves.
What Do I Have To Prove?
- Duty of Care: First, prove that the employer legally owed a duty of care to their employee. For example, employers are required to provide a safe working environment and comply with federal and state safety regulations.
- Breach of Duty: Then, prove that the employer failed to meet the requirements of the duty of care. For example, the employer failed to inspect equipment properly as required by state law.
- Causation: Next, prove that there is a connection between the employer’s breach of duty and the employee’s injury. Meaning, the breach of duty offered a foreseeable injury, then created the employer’s negligence. For example, the employer knew of the requirement to inspect safety equipment before each shift, failed to do so, and an employee was injured.
- Damages: Lastly, prove that the employee was injured directly by the employer’s oversight.
Simply put, the employee must prove that the employee failed to complete a legal obligation and that an injury was a direct cause of that.
Does My Employer Have Coverage?
Whether you are looking for a new job or just curious about your own, the Bureau of Workers’ Compensation has a look-up system. It allows you to enter your employer’s name to determine if your employer is operating according to Ohio’s workers’ compensation coverage laws. The system is simple, but if you are not finding what you are looking for, you can call the BWC at 1-800-644-6292, and they can assist you.
Hire an Experienced Toledo Workers’ Compensation Attorney For Help With a Non-Compliant Employer Today!
If you have a non-compliant employer, they must not find your injuries important, as they do not have coverage. They may have plans to try to sweep it under the table to save their case. At Charles E. Boyk Law Offices, our mission is to have you healthy, happy, and compensated for their lack of action. Working with the BWC or OIC can be complicated, and it is our job to make the process easier.
If you or a loved one suffered a work-related injury, it is critical that you have a skilled Workers’ Compensation Lawyer handling your case to secure the compensation you deserve. At Charles E. Boyk Law Offices, our experienced workers’ compensation attorneys are dedicated to guiding you through the complex workers’ compensation system, even when your employer lacks coverage. We understand the complexities that can be involved with workers’ compensation non-compliant employers in Toledo cases, and we will work relentlessly to ensure you obtain the compensation and justice you deserve.
Contact us today for a free case evaluation and find out how we can help you achieve the justice and financial recovery you need. Let us leverage our years of expertise to support you every step of the way
