Ohio Workers Compensation, Personal Injury Breakdown

by Dean Pavick on January 29, 2014

Ohio Personal Injury, Workers Compensation Attorney ~ Akron, Ohio

Pavick & Pavick L.P.A. Akron Law Firm have been helping injured workers since 1950.

The Ohio workers compensation program is a no fault system that was created by the legislature in 1911.Whether the injury was caused by the injured worker, the employer, a co-worker or someone else is irrelevant under the Ohio workers compensation law.However,the injury must be work-connected and caused by some circumstance or hazard of the employment.

The purpose of workers compensation is to provide the injured worker with a financial safety net through payment of injury-related medical treatments and reasonable compensation set at specific rates under the law. Workers compensation was never designed to permit the injured employee to recover for all of his or her losses and damages caused by the work injury. This means damages for pain and suffering,emotional distress, loss of enjoyment of life, the full loss of past,present and future wages,a spouse’s suffered losses, and punitive damages are not recoverable under the Ohio workers compensation program.

In contrast, under Ohio personal injury law, the purpose of the law is to make the injured person whole again by righting a wrong and providing for full economic and non-economic losses directly caused by the proven liability of the defendant. In a workers compensation claim, liability does not have to be first proven in order to recover for compensation and benefits. The trade-off for this no fault system is limited recovery for the injured worker. Despite problems with the Ohio workers compensation program, it is still much better than the old liability system.

Prior to 1911, the injured worker had to file a negligence lawsuit in court against the employer and establish that the employer was solely at fault for causing the injury.These lawsuits were not only time consuming and expensive for the injured employee, but were also extremely difficult cases to win against the employer. In fact, studies show that injured workers were only successful in winning their cases 20% of the time in front of the judge or jury. This means that roughly 80% of the time injured workers ended up with nothing and were forced to pay their own medical bills and live without compensation for lost wages. Even worse, there were no social programs back in this period to help ease the injured workers’ burdens such as Medicare, Medicaid, unemployment compensation, Social Security and welfare. Many injured workers with permanent disability from their injuries ended up in poverty dependent upon family, friends and charities to help support them.

Keeping this history in mind, a workers compensation program in which many more injured workers receive a limited recovery is far better than the old system in which most employees saw no recovery.

Pavick & Pavick L.P.A. – Law Firm
Attorney Dean G. Pavick
159 S Main St, Akron, OH 44308
(330) 253-1131 ‎
http://pavicklaw.com

http://youtu.be/nQG3Jrq1gGA

Ohio Personal Injury Attorney
Ohio Workers Compensation Attorney

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