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What Types of Injuries Are Excluded from Workers’ Compensation Coverage in Ohio?

If you recently sustained an injury at work, you may be planning to file a claim for workers’ compensation benefits. It is important to understand what injuries are covered by workers’ compensation. The Ohio Bureau of Workers’ Compensation (BWC) provides compensation for many types of work-related injuries, but there are injuries that are not covered as well. The following are injuries that are typically excluded from workers’ compensation coverage in Ohio.

Participating in Optional Recreational Activities with Coworkers

This is often one of the most difficult exclusions for injured workers to understand. The Ohio Bureau of Workers’ Compensation does not allow employees to be compensated for injuries that occur while participating in optional work sponsored recreational activities. For instance, some workplaces will arrange group outings, or plan company picnics that involve activities such as flag football, volleyball and swimming. If you suffer an injury while engaged in a recreational work outing, it will not be covered by workers’ compensation.

Pre-Existing Injuries That Are Not Aggravated by Your Job

Under Ohio workers’ compensation law, pre-existing conditions are not compensable through the Ohio workers’ compensation system. For example, if you have suffered from back pain for many years, you cannot seek workers’ compensation benefits now even if the prior injury is hindering your ability to do your job. However, the exclusion of pre-existing injuries does not include injuries that are substantially aggravated by your current job.  Therefore, if an incident at work has substantially aggravated a pre-existing condition, you may be able to seek benefits for the aggravation.

To better understand whether or not your injury qualifies for workers’ compensation benefits, seek the advice of an Ohio workers’ compensation lawyer at Dworken & Bernstein.

Injuries That Occur When You Are En Route to Your Job

Any injury that you sustain while traveling to and from work—whether in your own vehicle, as a passenger in a co-worker’s car, or while on public transit— generally will not be compensable through the Ohio workers’ compensation system. Even if you are en route to your workplace, and do not make any other stops, you are not yet on the clock. Your injury will not be considered the result of a workplace accident.  As with any rule, there are some exceptions so it is always best to consult with a knowledgeable attorney to determine if you have a valid claim.

Seek Advice from an Ohio Workers’ Compensation Attorney 

Determining whether a particular injury can be compensable through the Ohio workers’ compensation system can be complicated, but one of the experienced Ohio workers’ compensation attorneys at Dworken & Bernstein can help! Contact Dworken & Bernstein for more information today.

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