April 28 is Workers’ Memorial Day, an annual observance dedicated to honoring workers who have been killed or injured in workplace accidents.
What is the history of Workers' Memorial Day?
On December 29, 1970, President Nixon signed the Occupational Safety and Health Act into law. This landmark legislation established the Occupational Safety and Health Administration (OSHA), charged with enforcing workplace safety regulations and standards. It empowered workers and employers to collaborate on creating safer work environments and holding employers accountable for maintaining safe working conditions.
The law took effect on April 28, 1971, and the labor movement chose this day to commemorate the sacrifices of workers and raise awareness about the ongoing struggle for workplace safety.
Workers’ Memorial Day honors those whose lives were lost or impacted by injury. It also reminds us that more needs to be done to keep workers safe and ensure they get the help they need when they’re hurt while on the job.
Financial support for workers and their families
In 2022, 153 workers were killed in workplace accidents in Ohio, according to the Bureau of Labor Statistics. That same year, there were 88,600 workplace injuries and illnesses reported.
When workers are injured or die on the job in Ohio, they – or their families – are eligible for workers’ compensation benefits. Depending on the situation, these benefits may include:
- Temporary Total Compensation (TT): This is available when an employee cannot work temporarily due to a recoverable injury or illness, ensuring they are compensated during their recovery period until they can return to work with full ability.
- Permanent Partial Scheduled Loss: Compensation is provided for specific types of permanent injuries such as amputations or loss of use of body parts, including vision or hearing loss.
- Percent of Permanent Partial (%PP): This is given when a permanent impairment results from a work injury, but the worker can still perform some work activities. It is also known as compensation for residual impairment.
- Permanent Total Disability (PTD): This covers employees whose injuries or illnesses prevent them from ever returning to work, with benefits potentially payable for life due to the complete loss of earning capacity.
- Wage Loss: This option is offered to employees who return to work but at lower earnings due to their injury or to those who cannot find employment within their medical restrictions.
- Death Claim (Survivor Benefit): These are benefits provided to the surviving family members when a workplace accident results in the death of an employee. Such benefits can compensate for the loss of financial support.
An experienced workers’ compensation attorney can fight for you
If you’ve been hurt at work in Ohio, securing the benefits you are eligible to receive can be complicated. Employers and insurance companies often challenge claims, based on the following:
- Origin of the Injury: Employers may argue the injury happened outside of work hours or somewhere other than the workplace. They might claim the reported injury wasn't caused by work activities but by a pre-existing condition or even personal actions like horseplay.
- Severity of the Injury: Employers may argue the employee is exaggerating their pain or disability to get more benefits. Insurers might try to downplay the work injury's role if the employee had a similar condition beforehand.
- Reporting and Procedure Issues: Failure to report the injury within the required timeframe can be grounds for denial. Failure to attend required doctor visits or refuse recommended treatments could also jeopardize benefits.
The experienced work injury lawyers at Hochman & Plunkett Co., L.P.A. know the tactics that are often used to deny worker benefits. We also know how to fight back. Our attorneys can guide you through the claims process every step of the way. We’re dedicated to helping injured workers and their families.
If you’ve been hurt at the workplace, contact us for a free initial consultation. We have offices in Dayton, Cincinnati, Springfield, Troy, and Columbus.