Can I Get Workers' Compensation on a Work Visa in Ohio?

Those who have come to the US on a work visa could be coming to the country focused on building a brighter future. They might be here to support their family, or they might be here to set themselves up for success for years to come.

What happens, however, if they get hurt on the job?

Many workers who are in the United States on a work visa are unsure of what their rights are in regard to workers compensation benefits.

This is especially the case in a state like Ohio, where laws concerning workers comp benefits can be very confusing.

Those on a work visa in Ohio can get workers compensation coverage under Ohio law, but there are some things to consider and important steps to take.

Understanding how workers compensation benefits work in Ohio is important, especially for those on a work visa.

Fortunately, Columbus workers comp attorneys like those from Larrimer & Larrimer can help share insight on workers' compensation for federal employees in Ohio.

Understanding How Workers Comp Benefits Work in Ohio

Ohio has a state-run workers compensation system that operates through the Ohio Bureau of Workers' Compensation, or BWC. The system works by providing things like wage replacement, medical benefits, and disability compensation to injured workers.

Workers' compensation is considered to be a 'no-fault system,' which means the employee doesn't need to prove their employer did anything wrong, and as long as the injury occurred during the course of employment, the employee can get benefits.

Undocumented workers can also get benefits per Ohio law, because the BWC doesn't require a Social Security Number to apply for benefits, and the bureau doesn't check citizenship status.

Workers on a Work Visa are Eligible for Workers' Compensation

In Ohio, employees are eligible for workers compensation benefits even if they are undocumented immigrants or green card holders.

The system protects all workers, including undocumented employees, regardless of their immigration status, as long as they are legally employed and injured while on the job.

Ohio Law - Common Injuries that Qualify for Workers Comp

Those on work visas, and even illegal immigrants, may qualify for workers compensation benefits.

Per federal law, employers are supposed to verify legal status of every employee, so the BWC doesn't do that itself.

It doesn't matter what industry the immigrant is working in, immigrant workers are eligible to file claims if they are injured. If you're unsure about your eligibility or the next steps, it can be beneficial to consult with this workers comp lawyer in Columbus, who specializes in handling cases involving injured workers, regardless of their immigration status.

Some of the most common injuries that may qualify for workers' compensation include:

• Back injuries from lifting

• Slip-and-fall accidents

• Repetitive stress injuries (like carpal tunnel)

• Chemical burns or exposure

• Machine-related injuries

• Falls from heights

• Cuts and lacerations

• Occupational illnesses (e.g., respiratory conditions)

Even injuries that might seem minor can actually lead to long term complications. This is why all workers, regardless of immigration status, should report the injury to their employer and get medical attention.

Available Benefits in Ohio

If a workers compensation claim in approved in Ohio, the injured worker may be eligible for the following:

• Medical treatment such as doctor visits, hospital stays, medications, and therapy

• Temporary total disability, which is wage replacement during recovery

• Permanent partial or total disability benefits

• Rehabilitation services

• Death benefits for the family (If the worker was killed on the job)

Don't be Worried About Immigration Status

Many workers in Ohio get injured on the job, which is why employers are required to carry workers compensation insurance. This insurance will be used to pay workers compensation benefits, even if the worker is not documented.

Workers in Ohio have a legal right to file a claim in Ohio.

It is the responsibility of the employer to check immigration status, not the Ohio Bureau of Workers' Compensation. Employers cannot retaliate against employees for filing a claim, and the right to medical care and wage replacement doesn't depend on citizenship status.

This policy has been challenged several times, including, for example, by Rep. Bill Seitz in 2017. He proposed denying workers’ compensation benefits to those who are in the workforce and undocumented.

Both the Ohio House and the Ohio Senate has, thus far, not changed how the system works.

What to Do After a Workplace Injury

There are several steps that someone should take if they have been injured on the job.

Report the Injury

The first thing to do is to report the injury to human resources. Failing to do this can affect your claim.

Get Medical Attention

The worker should see a doctor as soon as possible, even if the injury doesn't seem serious.

File a Workers Comp Claim

Filling out the form to apply for workers comp is the next step. This can be done on the Ohio BWC website, or submitted by the employer or doctor. The employee should also seek out a workers compensation attorney.

Keep Good Records

A good lawyer will stress the importance of record keeping, including documenting the injury, tracking doctors' visits, documenting lost wages, and saving any communication with the employer or insurance company.

How a Workers Comp Lawyer Can Help

It is important for any worker, including undocumented workers, to get legal assistance when filing for workers compensation. These claims can be difficult to navigate, especially for undocumented workers who might be unfamiliar with the legal system and US law.

This is why all undocumented workers who are employed and injured on the job should work with a lawyer.

Here are some things a workers comp attorney can help with:

• Ensure the claim is filed on time

• Gather evidence to support the case

• Fight for maximum benefits

• Appeal if the claim is rejected

• Protection from employer retaliation

All Employees Have the Right to Workers Comp in Ohio

To answer the question, "Can I get workers' compensation on a work visa in Ohio?," the answer is "yes."  All employees, even undocumented workers and those on a work visa, have the right to workers compensation.

Employees of all kinds who have been injured on the job should seek out the help of an attorney. Larrimer & Larrimer is there to help these employees, and has been working with people needing help navigating the system for more than 60 years.

Get a free consultation, today, to find out if a case is possible.