and Procedure Name:
Work Relief Employees
4127.01 – 4127.06
Percy, Chief of Operational Policy, Analytics & Compliance
Injury Management policies, procedures, directives and memos regarding public
work relief employees that predate the effective date of this policy and
purpose of this policy is to ensure that claims involving public work relief
employees are properly identified and processed consistent with applicable law.
policy applies to field staff, particularly the Special Claims team.
work relief employee:
a person engaged in any service or labor, under the supervision and control of
a government body, either directly or through agencies, in exchange for some form
of public funds or goods, on the basis of the budgetary needs of the
work-relief employee and his or her dependents.
A. It is the policy
of BWC to:
1. Recognize an
injured public work relief employee as an employee covered by the workers’
compensation laws of Ohio; and
2. Set wages for an
injured public work relief employee in the same manner as all other workers’
B. An allowed claim
from an injured public work relief employee is paid directly from the public fund
from which he or she was receiving benefits at the time of the injury, until:
1. Such funds are
2. The period of
disability continues beyond six months.
will begin payment of compensation once payment from the public fund has been exhausted
or the period of disability continues beyond six months.
A. BWC staff shall
refer to the Standard Claim File Documentation policy and procedure for
claim-note requirements and shall follow any other specific instructions
included in this procedure.
B. The Special
Claims team shall complete the initial determination and otherwise process
claims from public work relief employees in the same manner as any other claim.
C. The Special
Claims team shall refer the claim to the Industrial Commission with a
recommendation to deny compensation when the injured public work relief
employee is being paid from the public fund from which he or she was receiving
benefits at the time of injury, and the disability has not been continuous
beyond six months.
D. Field staff
shall set wages in the same manner as other claims.
1. If the standard
method of calculating wages for the average weekly wage produces an unfair
result, field staff may use alternative methods to provide substantial justice.
2. Field staff
shall staff such situations with his/her supervisor and/or a BWC attorney.
3. See the Wages
policy for more information.