Injury
Injuries are defined in Ohio Revised Code section 4123.01(C). The
injury definition is a broad definition. With the exception of a few
statutory exclusions discussed below, "any injury" an employee
receivies "in the course of, and arising out of" their employment is
covered under workers' compensation. The "course of" and "arising out
of" requirement basically means that the injury must exist due to the
employment. A specific incident, or accident, is not required for an
injury to be compensable.The exclusions from the injury definition are also contained in R.C. 4123.01(C). The exclusions are situations which cannot be compensable even if they otherwise meet the definition of injury. The exclsions apply to:
- psychiatric-only claims (that is, psychiatric
claims without a physical injury);
- natural deterioration claims; and
- injuries during an employer-sponsored recreation or fitness activity if the employee has signed a waiver before being injured.
Our case index provides summaries of injury decisions by Ohio courts with links to the cases.
Other information:
- Court: The Supreme Court held that the
exclusion of psychiatric-only injuries from workers' compensation
coverage does not violate Equal Protection. (January, 2006)
- Court: The Fifth District Court of
Appeals has again held that the exclusion of psychiatric-only claims
from coverage under the workers' compensation system is
unconstitutional. (June, 2004)
- Administrative: The Bureau of Workers'
Compensation has adopted a pilot program permitting the immediate
allowance and payment for specified medical conditions. (January, 2002)
- Court: Supreme Court finds that
psychiatric injury caused by injury to co-worker is compensable.
(February, 2001)
- Legislative: The Legislature has
passed Am. Sub. H.B. 122, which amends R.C. 4123.54 and provides a
"rebuttable presumption" in certain cases that an injury was caused by
a controlled substance. If an injury is caused by a controlled
substance, workers' compensation will not be paid. (December, 2000)
- Court:
Fifth Appellate District
indicates that the exclusion of psychiatric-only injuries from workers'
compensation coverage is unconstitutional. (November, 1999)
- Court: Supreme Court permits injured
worker with psychiatric only claim to sue employer for negligence.
(August, 1998)
- Court: Supreme Court decision in
Ruckman v. Cubby Drilling involving an injury while traveling to work,
holds that injury is compensable. (March, 1998)
- Court: Supreme Court decision in the Stivison case that an injury which occurred due to work is not compensable under workers' compensation. (February, 1998)