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Employment: Workers' Compensation
Can I be compensated if I have an injury at work?
Workers who are disabled because of injuries or
illnesses arising out of and in the course of their employment will usually
qualify for workers’ compensation benefits. Workers’ compensation benefits may be partial disability or full
disability benefits. These benefits may
also be temporary disability or permanent disability benefits. The workers’ injuries or illness must be a physical
injury or illness. A worker who is
disabled because of a mental illness caused by his or her job cannot qualify
for workers’ compensation benefits in Ohio
unless there is also a physical injury or illness.
Although the workers’ compensation system is a “no
fault” system where it is unnecessary to prove employer negligence, employees
who were injured because they were drunk or impaired by the consumption of
illegal drugs will be denied workers’ compensation benefits. The system is also intended to replace
negligence lawsuits by injured employees against their employers for injuries
or illness arising out of the employment. Therefore, in Ohio,
only employees injured by an employer’s intentional tort (where the employer
intended to injure the employee) may sue the employer for job-related injuries
covered by workers’ compensation.
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