Is anyone familiar with Ohio WC Law?

mlabrier

Are you in Ohio or familiar with Ohio Law regarding Workers Compensation? I need to find out if our company is required to pay employees for their doctor visits if it's a work related injury during regular scheduled work hours? Also, can we schedule the appointments before or after scheduled hours? I understand what we can advise but wanted to know the statute.

Thank you!

Holly Jones

Hello, and welcome to the forum!

In Ohio, workers' compensation claims are managed by the Ohio Bureau of Workers' Compensation (BWC). If your employee was injured on the job, then this injury should be reported using the First Report of Injury form. This report can be completed by the employee, the medical provider, or the employer, and it can be submitted directly to the BWC or to the managed care organization (MCO) assigned to or selected by your company.

(For more information on this form and its filing, you may wish to check the Ohio BWC website.)

If you are covered by workers' compensation insurance administered by the BWC, then you should also have a managed care organization assigned to (or selected by) your company. This MCO will then coordinate all medical care and treatment, as needed, as well as scheduling of treatment and filing claims for payment/reimbursement with the BWC.

Injured employees do have the right to receive whatever treatment is necessary for a cure, including medical, surgical, nursing, and hospital services.

For more information on Ohio Workers' Compensation laws, including the statutes, you may wish to check the following resources:

The Fifty Employment Laws in Fifty States Workers Compensation Section
Selected Excerpts of Ohio Workers' Compensation Laws and Regs on HRLaws
The Full Ohio Workers' Compensation Regulations

I hope this provides some helpful information! If you have further questions on claim management, getting in touch with your MCO, or required documentation, you may wish to call the BWC or your MCO for details.

julie_blankenship

There are no regulations in Ohio requiring the employer to pay the employee for time missed due to treatment for a work-related illness/injury. The only exception to this rule would be an exempt employee. We must still follow the requirements under the Fair Labor Standards Act (FLSA), which limits when an exempt employee's salary may be docked for full or partial day absences.

I would encourage you to still consult with your MCO or TPA for strategies to effectively manage the claim. It may be better to pay the employee for the time missed to keep it as a medical only claim or to control other costs and risks.

Finally, yes, you can and should remind employees of their obligations to schedule their treatment at a time that is least disruptive to the business operations if this also qualifies under FMLA. I also put some responsibility on the managers to be flexible with the employee's schedule if the job permits.

I hope this helps!