Ohio just made it easier for employers and insurers to deny workers' comp claims tied to intoxication and to prevent payouts across multiple states for the same injury.
Senate Bill 33, signed into law on July 1, brings a number of targeted changes to how workers’ compensation claims are handled in Ohio. While the bill updates several labor laws, the biggest news for insurance professionals is how it tightens rules around intoxication-related injuries and clears up jurisdictional confusion when employees work across state lines.
Here’s what’s changed: if a worker is injured and tests positive for alcohol or drugs within a certain timeframe – eight hours for alcohol, thirty-two for drugs or marijuana – there’s now a legal assumption that intoxication caused the injury. That means insurers and employers can deny the claim unless the employee can prove otherwise. The test must meet federal standards, and the employer must have given prior notice that testing refusal or a positive result could impact benefits. Importantly, this notice can now be posted online, which is a useful update for businesses with remote or hybrid workforces.
The law also gives some clarity in cases where work happens in more than one state. If an employee’s job crosses state lines, the employer and employee can agree in writing on which state’s workers’ comp laws will apply. Once that agreement is filed with Ohio’s Bureau of Workers’ Compensation, it sticks – even if the injury happens elsewhere. If the worker has already accepted benefits in another state for the same injury, they can’t file a separate claim in Ohio. If they do and get paid, the bureau or a self-insured employer has the right to recover the amount paid, along with any legal costs and interest.
Another section addresses professional sports. If a team or league insures players and coaches through an out-of-state policy and that policy meets Ohio’s requirements, then those employees are no longer eligible to file under Ohio’s system. That won’t apply to many businesses, but it’s a significant shift for teams and leagues operating nationally.
On the administrative side, the bill allows employers to post key notices – like minimum wage rules, anti-discrimination statements, and proof of workers’ comp coverage – online rather than in physical break rooms. It’s a small change, but it opens the door to easier compliance tracking and reduces paperwork.
Senate Bill 33 doesn’t overhaul the entire workers’ comp landscape, but for insurers and self-insured employers, it sharpens the tools for managing certain high-risk claims and brings a little more clarity in a few gray areas. It’s now the law – and it’s worth a close read if you’re underwriting or managing comp claims in Ohio.
