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When might a worker’s fault matter after a job injury?

On Behalf of | Oct 11, 2024 | Workers' Compensation

Businesses in Ohio typically need to provide certain types of support for their workers. They need to provide workers with appropriate training and safety gear. They also have to provide support if employees get hurt on the job in many cases. In Ohio, all companies are required to carry workers’ compensation coverage through the Ohio Bureau of Workers’ Compensation unless they qualify for self-insurance.  Self-insurance is reserved for larger entities with strong financial stability, and prior experience with coverage with the state fund among other requirements.

Workers’ compensation coverage is a crucial protection for both the business and the worker. Employees who get hurt on the job may qualify for benefits that can replace their lost wages and pay for their medical care. Employers obtain near-absolute indemnification from liability when workers get hurt on the job. A company’s compliance with workers’ compensation rules minimizes the possibility of the workers suing the company over their injuries.

In some cases, there may be questions about whether a worker should qualify for benefits given the circumstances. Although Ohio’s workers’ compensation program extends no-fault coverage to workers, there are unusual scenarios in which fault can affect an employee’s eligibility for benefits.

When a worker was under the influence

Many businesses in Ohio participate in the drug-free workplace program. Those companies and many others may require that workers submit to drug and alcohol testing anytime they get hurt at work. If employees fail testing and their intoxication was the likely cause of their injuries, they may be ineligible for workers’ compensation benefits. Typically, the employer must provide proof of a failed chemical test and show that intoxication was the proximate cause of the injurious incident.

When workers hurt themselves on purpose

It is rare but some employees hurt themselves intentionally.  They want time away from work or hope to obtain medical coverage for a condition that might not usually qualify for benefits. Workers might intentionally hurt themselves or stage an incident that makes it look like they got hurt. Prior communication between the worker and their teammates or video footage of the incident might make it clear that the worker engaged in purposeful behavior to obtain benefits. Such behavior may make them ineligible for coverage.

Workers’ compensation matters can be very complicated and costly for Ohio businesses to handle. Learning the basics about fault and benefit claims can help employers respond to a request for benefits by employees effectively.

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