Fogle Keller Purdy recognizes its clients need a law firm who can protect their interests beyond the borders of Kentucky.  FKP already provides representation for Kentucky employers with subrogation interests in Ohio.    However, recognizing that our clients expand their businesses into Ohio, FKP has invested in preparing to represent employers in the Ohio workers’ compensation system.

Here are some questions employers might want to know the answers to

  • What is the biggest difference between workers’ compensation cases in OH and KY?

Probably the biggest difference is procedural.  In Ohio, the state administers most workers’ compensation claims through two separate entities, the Bureau of Workers’ Compensation, which administers the claims, and the Industrial Commission which is the adjudicative arm.  Additionally, some claims, where the issue is something other than the extent and duration of the injury may be tried in the Ohio Common Pleas court.  In Kentucky claims are administered by private insurance companies and are adjudicated before ALJs.

 

  • Are all Ohio employers required to have their workers’ compensation claims administered by the state?

 All Ohio employers should either carry workers compensation insurance or be self-insured.  Ohio grants the privilege of self-insurance to certain qualifying employers only.

 

  • Do many Ohio employers choose self-insurance?

Approximately one third of Ohio employers choose self- insurance.

 

  • What are the costs of self-insurance?

In addition to the compensation and medical costs, self-insured employers pay semi annual assessments to the Bureau of Workers’ Compensation, based on a percentage of the employer’s claim payments.  New self- insureds must contribute to the Self-Insured Employer’s Guaranty Fund which covers the costs of defaulting employers.  Additionally in the first five years, for a new self-insured policy, assessments are based on a percentage of indemnity payments related to the prior state fund policy.

Self- insureds must also reimburse payments made by the Disabled Workers’ Relief Fund.

 

  • Is prosecuting or defending a workers’ compensation claim considered the practice of law?

Yes, although certain actuarial functions can be performed by non-lawyers in Ohio, these actuaries cannot defend employers or provide legal advice.

 

  • Are self-insured employers the only employers who obtain attorneys for workers’ compensation claims?

No, employers insured through the state fund can and do obtain legal representation

 

  • Where does FKP provide workers’ compensation defense services?

In Kentucky, FKP has offices in Bowling Green, Florence, Lexington, and Louisville. These offices are able to provide defense services to employers in Kentucky, Indiana and Ohio.  FKP also provides services to West Virginia employers from our office in Charleston, WV.

 

  • How do we find out more information about representation for Ohio?
Contact Pete Tripp at our Florence office
1655 Burlington Pike, Florence KY 41042,
Tel: 859 980 1573 or email ptripp@fkplaw.com