What Disqualifies A Person Of Workers’ Compensation in Ohio?
Workers’ compensation injury claims can be complicated and are often strongly defended,. There is no common list of issues that could disqualify an injured worker, but there are some distinct material case factors that could impact whether a claim is legally allowable. This is usually based on what the injured worker was doing at the time the injury occurred and the actual nature of the working relationship.
Individuals who are earning an income by virtue of a private documented contracting agreement could have difficulty collecting on a work injury unless they carry personal workers’ compensation protection. Self-employed workers are usually responsible for maintaining their own workers’ comp coverage. When injured workers are clearly employed by a primary employer, the employer’s coverage is liable for protection. Also, many employers’ will conduct an investigation into the injury looking for a viable reason to deny the claim.
Location at the Time of Injury
Many workers are injured at a remote location performing job responsibilities. When injuries occur at a central facility, the question becomes what the injured employee was doing at the time of the mishap. Injuries that occur away from the facility could provide ample room for argument from the employer if they can prove within a preponderance of the material case factors that the injured claimant had the injury prior to arriving at work or had the same injury at an earlier date.
All states allow an employer to reject a workers’ compensation claim when the worker injured themselves. Many states such as Ohio also allow a defense when the worker was intoxicated at the time of the injury. Normally when the injured employee is in discharge of work duties in any manner at the time, the claim cannot be legally denied, even though the employer can contest any injury claim and make the claimant prove the claim. It is important to remember that the employee must prove their case.