House Bill 81 Changes Announced in Ohio On June 16, 2020, Governor Mike DeWine signed into effect a new law. The ripple effects of the passage of this law will affect Ohioans seeking to claim Workers’ Compensation. The changes set out by House Bill 81 will go into effect on September 14, 2020. The bills […]

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 ADA Accommodations During COVID-19 For many Americans,returning to work amidst the COVID-19 crisis causes concern for the health and safety of themselves their families. Since the declaration of a global pandemic, America’s most vulnerable citizens have been at the forefront of conversation about preventing the spread. Many “healthy” citizens are not considered at-risk for COVID-19, […]

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Typing “average workers’ compensation settlement for a back injury in Ohio” into Google or another search engine will return a few dollar amounts. However, the numbers are unlikely to be very accurate for an Ohioan who suffered a back injury on the job. The reality is that many factors go into determining what constitutes a […]

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LAYOFFS AND FURLOUGHS DUE TO COVID-19 IN OHIO: WHAT ALL EMPLOYEES NEED TO KNOW. Employers across Ohio are closing their operations due to Gov. DeWine’s declaration of a state of emergency and the “Shelter in Place” Order.  While the emergency declaration and the “Shelter in Place” Order are necessary to #flattenthecurve, many Ohio businesses are […]

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lawmakers have been working on a bill that would allow first responders to apply for workers’ compensation if they receive a PTSD diagnosis.

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You cannot file a workers’ compensation claim in Ohio when you request benefits solely because you developed post-traumatic stress disorder. Even if the PTSD can be linked explicitly to something that occurred in the workplace, the mental condition cannot be cited as the only reason you believe you should receive health care coverage and replacement […]

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According to the Ohio Bureau of Workers’ Compensation, “Ohio law requires employers with one or more employees to obtain workers’ compensation coverage or be granted the privilege of self-insurance for liabilities associated with work-related accidents or occupational diseases.” “Employers” include private companies, schools, healthcare facilities, state and local government agencies, and employment agencies. Individuals who […]

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Can I Be Fired for Filing a Workers’ Comp Claim in Ohio? The short answer to that question, which is one we are asked often at Barkan Meizlish, is no. Does it happen? Sadly, yes.  Workers’ compensation was designed and implemented to help injured workers and employers cope with workplace injuries. The Ohio Bureau of […]

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The Ohio Revised Code states that no employer shall discharge, demote, or take any punitive action against an employee because the employee filed a workers’ compensation claim. R.C. 4123.90. The elements of a retaliatory discharge require an employee to prove that (1) they were injured on the job; (2) the employee filed a claim for […]

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Is an employee who travels to different job sites on a daily basis a fixed-situs employee subject to the “coming and going rule” for the purposes of determining whether he or she is entitled to workers’ compensation? If so, does the “special hazard exception” apply? Recently, in Palette v. Fowler Electric Co., 2014-Ohio-5376 (2014), the […]

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