Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met.
Continue Reading Ohio updates workers’ compensation laws for remote workers
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Workers’ compensation law changes
Recently, Gov. Kasich signed into law the workers’ compensation budget. In addition to funding the Ohio Bureau of Workers’ Compensation (BWC), the bill enacted a number of substantive changes to the law. These changes are effective Sept. 29, 2017. Below are some of the significant amendments impacting Ohio employers:
- Decreases statute of limitations: For claims
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Intentional Tort Amendment Found Unconstitutional
On March 18, 2008, the Court of Appeals for the Seventh Appellate District struck down the portion of Ohio’s Tort Reform Act that created a heightened standard for employees bringing intentional tort claims against their employers. Specifically, Kaminski v. Metal & Wire Prods. Co., Case No. 07-CO-15 (7th Dist. March 18, 2008), was the first appellate decision addressing the constitutionality of this heightened standard, and it found the standard improper.
Normally, an employee who suffers a workplace injury cannot file a lawsuit but must, instead, seek compensation under Ohio’s workers’ compensation system. Proof that the employer’s conduct was intentional, however, allows the employee to go around the workers’ compensation system and file a lawsuit for damages. Continue Reading Intentional Tort Amendment Found Unconstitutional