Money which was improperly collected and retained from injured Ohio workers through the Ohio’s workers compensation Bureau (BWC) will be paid back as the result of a successful consumer class action law suit.
The Ohio Bureau of Workers’ Compensation will return $52 million collected from about 7,900 workers who were injured between 1993 and 2001.
The workers initially received money from third parties and the BWC. The BWC then subrogated to collect money from the workers under statutes enacted in 1993 and 1995. But five years ago, the Ohio Supreme Court found the statutes were flawed because they allowed BWC and self-insured employers to potentially receive more reimbursement than they had paid in claims, the BWC
The Ohio legislature has since amended the unconstitutional statute and replaced it with another piece of legislation which has yet to be reviewed for its constitutionality. The Ohio Supreme Court ruled that the subrogation laws in question were flawed because they allowed the agency and self-insuring employers to potentially be reimbursed more than what was paid in the affected claims.
Workers can expect to get notice in the next 60 days with instructions as to how to submit a claims form to recover the money which they are owed. The claims will be processed within 30 days of submitting the claims form.