Skip to content
MyClaimWorth
OH
★ Ohio · workplace

Workplace settlements
in Ohio.

By Reviewed by Abd Shanti, Founder9 min read

Ohio’s Bureau of Workers’ Compensation pays up to $1,281 a week for temporary total disability in 2026. Suing the employer requires proof it deliberately intended the injury, a bar that even a fatal roof fall did not clear.

Facts that decide a workplace claim in Ohio

Temporary total, 2026Maximum $1,281 a week, equal to the statewide average weekly wage; minimum $427.Ohio BWC compensation rates chart, 2011 to 2026
Employer intentional tortAn employer is liable only with deliberate intent to injure; deliberate removal of an equipment safety guard creates a rebuttable presumption of intent.R.C. 2745.01, as quoted in Williams v. ALPLA (Ohio Ct. App. 2017)
Cost of livingThe 2026 Social Security cost of living adjustment used in the BWC chart is 2.8%.Ohio BWC compensation rates chart
Deadline to sue“An action for bodily injury ... shall be brought within two years after the cause of action accrues”; car crash claims accrue on the day of the crash.R.C. 2305.10(A), as quoted in Fong v. Faires (Ohio Ct. App. 2025)
★ OH · reported workplace outcomes

What Ohio courts have awarded.

Real Ohio decisions and verdicts, each linked to the court record or official report.

  • Ohio Court of Appeals, Ninth District · 2026
    Summary judgment for all defendants affirmed

    Ryan Adams, a foreman roofer, fell more than 20 feet through a roof at a utility service building in December 2020 and died of his injuries in 2023. His widow alleged a concealed hole and sued his employer for intentional tort and the property owner, safety consultants and others. The trial court granted summary judgment to all, and the court affirmed in March 2026.

  • Ohio Court of Appeals, Third District · 2017
    Summary judgment for employer affirmed

    Ryan Williams’s right arm was caught in a bottle making machine while he tried to wipe a sensor. He sued his employer for intentional tort, arguing the guarding was inadequate. The court held there was no evidence of deliberate intent to injure and affirmed summary judgment.

★ OH · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Ohio.

  1. 1

    Intentional tort suits almost never succeed. Both Adams and Williams show that dangerous conditions and serious injuries are not enough without deliberate intent.

  2. 2

    A removed safety guard is the main exception. Proof that the employer deliberately removed a guard creates a presumption of intent under R.C. 2745.01(C).

  3. 3

    The BWC maximum resets every January with the statewide average weekly wage.

★ OH · statute of limitations
2 years from date of injury

Ohio Rev. Code § 2305.10

★ OH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ OH · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Ohio.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Ohio's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Ohio · you are hereModified comparative, 51% bar2 years from date of injury—
South DakotaSlight versus gross negligence3 years from date of injurySD · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
IowaModified comparative, 51% bar2 years from date of injuryIA · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · workplace →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · workplace →
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · workplace →
★ OH · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Ohio. See /methodology, /sources, and /disclaimer.