Navigating Employment Abandonment in Ohio Workers’ Compensation

Understanding employment abandonment is important for Ohio workers, especially those who experience work-related injuries. Employers must navigate this issue within Ohio’s workers’ compensation laws to protect their interests and ensure legal compliance.

What Is Employment Abandonment?

Employment abandonment isn’t about quitting your job because you no longer like it. It’s about what happens when you can’t do your usual work because of an injury. Sometimes, your boss might say they don’t have any other jobs you can do instead. This is where things can get tricky.

There are two types of abandonment: involuntary and voluntary. Involuntary abandonment occurs when you are unable to work due to your injury, and it’s not your fault. An example of this would be if your doctor determines you can no longer perform your job due to your injury.

On the other hand, voluntary abandonment happens when you leave your job for reasons unrelated to your work injury, such as quitting to relocate to another state.

Understanding the situation is necessary because it can affect the money and the help you receive from workers’ compensation. If someone says you abandoned your job, you might not get all of the necessary benefits.

Bureau of Workers’ Compensation (BWC) Guidelines

Ohio’s Bureau of Workers’ Compensation (BWC) oversees these cases and sets guidelines for determining abandonment. To ascertain if you’ve abandoned your job, the BWC considers several factors:

• Did you inform your employer about your injury?
• Did you make efforts to find alternative work you could perform?
• Did you adhere to your doctor’s recommendations?

If you’ve fulfilled these requirements and still cannot work due to your injury, the BWC will unlikely consider it a case of abandonment.

If the BWC claims you abandoned your job, remain calm and take action. You can contest their decision by presenting evidence demonstrating your efforts to continue working or your inability to work because of your injury. This may involve providing doctor’s notes, emails exchanged with your employer, or documentation of job applications.

How to Protect Yourself

The best way to avoid problems with employment abandonment is to be prepared. Here are some tips:

• Talk to your doctor: Make sure you understand what kind of work you can and can’t do. Get it in writing!
• Keep in touch with your boss: Tell them about your injury and what your doctor says. Ask if there’s other work you can do.
• Write everything down: Keep a record of all your conversations about your injury and work. Also, save emails and texts.
• Follow the rules: Do what your doctor and the BWC tell you. This shows you’re trying your best.
• Ask for help: If you’re confused, talk to a lawyer specializing in workers’ compensation. They can explain things and help protect your rights.

Remember, it’s okay to ask questions and seek help. Your health and job are important, and you deserve to be treated fairly.

Are you having trouble accessing workers’ compensation benefits after a work-related injury? Let our team at Regas & Haag provide you with expert guidance and support. Contact us today!