nager romaine & schneiberg attorneys

The Definition of Injury

The legal definition of injury is complicated. The Ohio Revised Code defines what injuries are covered under Workers’ compensation. The statutory definition of injury includes 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. It is a broad definition and to be construed in a light more favorable to injured workers. These definitional requirements exist due to three concerns. 1) The need to distinguish between injury and disease 2) To eliminate events that just happen-coincidence-for an injury to be compensable it must be caused by the work, 3) And the need for a direct relationship between employment and the injury.

Injuries can consist of an event or a gradually developing injury...a village injury. Medical is needed to establish that an injury occurred.

Injuries must occur to employees. However wages do not have to be received to be an employee.

There are exceptions to a finding of injury. These include events that just happen — idiopathic injuries, and recreational programs. Also a determination will be made on the arising out of employment. When making this determination the Bureau of Workers’ Compensation will look at the hazards of employment, whether the employee was on a personal mission, whether the employee was a fixed situs employee, and whether the event occurred during horseplay.

Psychiatric conditions without physical injuries are NOT covered under workers’ compensation.

If you think you have sustained an injury and need an Ohio comp lawyer,  please call the attorneys at NRS to discuss the facts of the injury. Workers’ compensation is very fact specific so it is important to review all the facts when deciding if an injury occurred.

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