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Ohio
Workers' Compensation Guide:
Type
of Claims
There are different types of claims which are filed,
depending on what has happened to the worker.
If the injured worker has suffered an "injury", the claim is an "injury"
claim. "Injury" is defined by statute [R.C. 4123.01(C)] as
Any injury, whether caused by external accidental
means or accidental in character and result, received in the course of,
and arising out of, the injured employee's employment.
This is a very broad definition. Note that there is no
need for a specific incident or event. What is referred to as the
"gradually developing injury", an injury which has occurred over a
period of time, is compensable.
If an injured worker suffers an "occupational disease", there is an
occupational disease claim. There are two types of "occupational
disease" claim. There is a "schedule" or listing of diseases contained
in the statute. [R.C. 4123.68.] Any disease listed in the schedule,
which meets the requirements of the schedule, is compensable as an
occupational disease.
There is also a general occupational disease definition.
[R.C. 4123.01(F).] Any disease which meets the requirements of this
definition is also compensable as an occupational disease.
Death claims are filed where a worker has died due to
the employment. Eligible dependents are entitled to an award known as
death benefits. These benefits, and the requirements for eligibility,
are set forth in R.C. 4123.59.
Other information:
JaffyLaw.com:
Other Web Sites:
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Workers' Compensation Guide
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