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The Ohio C 240 form, officially titled "Settlement Agreement and Application for Approval of Settlement Agreement," is central to resolving workers' compensation claims within the state for those employed by state-funded employers. This form underscores the procedural pathway that injured workers and employers must navigate to reach a mutually agreeable resolution to a claim, underlining Ohio Revised Code 4123.65's mandate for both parties to endorse the settlement applications, barring situations where the employer is not actively doing business in Ohio. Essentially, this document facilitates the culmination of unresolved issues, asserting that all ongoing compensation and medical payments persist only until the settlement's effective date, which is determined by the Ohio Bureau of Workers' Compensation (BWC)'s mailing date of approval. The form intricately outlines responsibilities for medical costs incurred before and after this date, delineating a shift in financial obligations from the state insurance fund to the injured worker post-settlement. Significantly, it also highlights the interaction with Medicare benefits, noting that Medicare does not cover medical expenses for conditions tied to workers' compensation claims until the settlement amounts earmarked for future medical services are exhausted. In effect, the C 240 form is instrumental in clarifying the settlement process, financial implications, and subsequent healthcare coverage intricacies, ensuring all parties involved have a comprehensive understanding of their rights, responsibilities, and the potential outcomes of the settlement agreement.

Example - Ohio C 240 Form

Settlement Agreement and Application for

Approval of Settlement Agreement

(For state-fund claims only) (Self-insured claims file SI-42)

File this application to settle workers' compensation claims with state-fund employers. Ohio Revised Code 4123.65 requires the injured worker and the employer to sign settlement applications unless the employer is no longer doing business in Ohio. If the claim to be settled is a state-fund claim, and the employer is now self-insuring, BWC charges the self-insuring employer dollar for dollar for any portion of the settlement attributed to past, present or future Disabled Workers' Relief Fund (DWRF) liability.

By iling this application, the injured worker and the employer agree all unresolved issues will be suspended. All ongoing compensation and medical payments, however, will continue until the effective settlement date. The effective settlement date is the mailing date of BWC's approval of settlement agreement.

Please Note: The persons involved with iling this settlement agree if any other claim(s) or part of any claim(s) being settled has been recognized or allowed, then the cost of all medical services, hospital bills, drugs and medicines with date(s) of service or illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker before the effective settlement date, shall be the responsibility of the state insurance fund, provided such costs result from the allowed conditions of the claims and are properly payable under current medical payment guidelines. The costs of all medical services, hospital bills, drugs and medicine with the date(s) of service of illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker on or after the effective settlement date are the responsibility of the injured worker.

By initialing this box, the injured worker acknowledges he or she has read and understands the above statement.

Special Notice to Medicare Beneficiaries

Medicare does not pay medical bills for conditions covered by your workers' compensation claim. If a settlement of your workers' compensation claim is reached, and the settlement allocates certain amounts for future medical expenses, Medicare does not pay for those services until medical expenses related to your workers' compensation claim equal the amount of the lump sum settlement allocated to future medical expenses. For additional information, please call the Medicare coordination of beneits contractor at (800) 999-1118.

Instructions

For lost-time and medical-only claims, mail this completed application to your nearest customer service ofice.

Call 1-800-OHIOBWC for the address of your local customer service ofice.

To settle a claim with a self-insuring employer, please complete and forward form SI-42, or contact your self-insuring employer for other forms setting out the agreement between the injured worker and self-insuring employer.

To facilitate settlement of this claim, please forward any unpaid bills to your managed care organization.

Include a list of any unpaid bills you are aware of or attach copies of any unpaid bills or statements.

Application for Approval of Settlement Agreement

The injured worker and employer, as agreed to below, make application to BWC for approval of a inal settlement in the injured worker's claim(s).

Parties to the Claim

Injured worker name

Social Security number

Date of birth

Phone number

 

 

 

 

 

 

(

)

 

 

 

 

 

 

 

 

Address

City

 

 

 

State

ZIP code

 

 

 

 

 

 

 

 

Injured worker representative name

 

 

ID number

 

Phone number

 

 

 

 

 

 

(

)

Address

City

 

 

 

State

ZIP code

 

 

 

 

 

 

 

Employer name

Risk number

Fax number

Phone number

 

 

 

 

(

)

(

)

Address

City

 

 

 

State

ZIP code

 

 

 

 

 

 

 

 

Employer representative name

 

 

 

Fax number

Phone number

 

 

 

 

(

)

(

)

Address

City

 

 

 

State

ZIP code

 

 

 

 

 

 

 

 

 

Information on other relevant employers is attached

Yes

No

 

 

 

 

Claim(s) to be Included In Settlement

 

Claim Number*

Requested amount for

 

 

Proposed allocation of requested settlement amount

 

 

 

 

 

 

complete settlement**

 

Indemnity

Prescription drugs

Medical

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*List any claims speciically excluded from settlement:

 

 

 

 

 

 

 

 

 

 

**Please explain any request for a partial settlement:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clearly set forth the circumstances by reason of which the proposed settlement is deemed desirable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Has information on other relevant claims been attached?

Are you receiving, or have you applied for Medicare benefits?

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

Are you receiving medical treatment at this

Who is your treating physician(s)?

 

Wages at time of injury?

time?

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Are you currently working?

If yes, who is your present employer?

 

What is your present occupation?

What are your present wages?

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BWC-1372 (Rev. 2/1/2007)

C-240

Employer Signature

(Required by ORC 4123.65 unless the employer is no longer doing business in Ohio)

Instructions

Please check one of the following boxes and sign below. Your signature does not waive the employer's right to withdraw consent to the settlement by providing written notice to the employee and the BWC administrator within 30 days after the administrator issues the approval of the settlement agreement.

A. The employer is supportive of and agreeable to a settlement up to the amount listed on the front of this application.

B. The employer does not agree with the requested settlement terms but will participate with the BWC in the negotiation process.

C. The employer is supportive of and agreeable to settlement of the claims listed on the front of this application. However, the employer will not participate in the settlement negotiations and requests the BWC to negotiate the settlement on behalf of the employer.

D. The employer is not agreeable to settlement of the claim(s) listed on the front of this application.

By signing this agreement, an employer that is currently self-insured acknowledges its obligation to reimburse BWC for the portion of the settlement amount allocated to DWRF costs of the above-referenced claim(s). BWC will bill the DWRF portion of the settlement to the self-insuring employer, even if the injured worker has not yet been determined to be permanently and totally disabled or currently eligible for DWRF benefits.

Employer signature

Telephone number

()

Title

Date

 

 

Fax number

()

Settlement Agreement and Release

As set forth in this agreement, the injured worker for and in consideration of the receipt of the settlement amount approved by the BWC, which sum will be paid from the appropriate fund on behalf of the employer after approval by the BWC administrator, unless within 30 days after such approval the administrator, the employer or the injured worker, withdraws consent to, or unless the Industrial Commission of Ohio (IC) disapproves the agreement, does hereby for him/herself and for anyone claiming by, through or under him/her, forever release and discharge the above referenced employer, its oficers, employees, agents, representatives, successors and assigns, the IC, the BWC, the appropriate fund, and all persons, irms or corporations from any or all claims, demands, actions or causes of action incurred on or prior to the date of the approval of this agreement, arising out of Ohio Revised Code Chapter 4121. or 4123., which he/she now has or which he/she hereafter claim to have, whether known or unknown by reason of or in any manner growing out of the claims or parts thereof set forth above. The injured worker further understands and agrees that any amount paid pursuant to this agreement is subject to any valid court-ordered child support. The persons involved with iling this settlement agree that if any claim(s) or part of any claim(s) being settled has been recognized or allowed, then the cost of all medical services, hospital bills, drugs and medicines with date(s) of service or illing of related prescriptions (not to exceed a 30-day supply) provided to the injured worker before the effective settlement date, shall be the responsibility of the state insurance fund, provided such costs result from the allowed conditions of the claims and are properly payable under current medical payment guidelines. The costs of medical services hospital bills, drugs and medicines (not to exceed a 30-day supply) provided to the injured worker on or after the effective date of the settlement date are the responsibility of the injured worker.

By initialing this box, the injured worker acknowledges he or she has read and understands the above statement.

Also as set forth above, the injured worker understands that any settlement amounts allocated for future medical services must be used for medical services before Medicare will consider payment for services for the conditions of the workers' compensation claim.

Settlement of any claim(s) included in this agreement in no way impairs BWC's statutory rights to subrogation recovery. Also, be advised that upon a inding of fraud, the administrator retains the right to rescind this settlement agreement and re-open the claim for an administrative overpayment hearing and referral for criminal prosecution.

Injured worker signature

Date

Power of Attorney

By signing below the injured worker grants a limited power of attorney to the attorney of record for the purpose of receiving the warrant issued because of this settlement agreement.

Injured worker signature

Date

Representative signature

Date

BWC-1372 (Rev. 2/1/2007)

C-240

Document Properties

Fact Description
Form Usage This form is used for settling workers' compensation claims with state-fund employers in Ohio.
Governing Law Ohio Revised Code 4123.65 mandates that both the injured worker and the employer sign settlement applications unless the employer is no longer operating within Ohio.
Submission Requirements If the claim is a state-fund claim and the employer now operates as a self-insurer, the self-insuring employer is billed dollar for dollar for any part of the settlement attributed to past, present, or future Disabled Workers' Relief Fund (DWRF) liability.
Settlement Effect All unresolved issues are suspended upon filing this application. However, medical payments and ongoing compensation will continue until the settlement becomes effective.
Special Notice for Medicare Beneficiaries Medicare does not pay for medical expenses covered by workers' compensation claims. After a settlement, Medicare will not cover future medical expenses until the expenses match the amount allocated for future medical needs in the lump sum settlement.

Detailed Instructions for Using Ohio C 240

Filling out the Ohio C-240 form is a crucial step for those involved in a workers' compensation claim with state-fund employers in Ohio. This form helps to formalize the agreement between the injured worker and the employer regarding the settlement of the workers' compensation claim. The form requires detailed information about the injured worker, employer, claim details, and the terms of the settlement. It is important to carefully review and understand the terms and conditions, especially relating to medical costs pre and post the effective settlement date, as well as the impact on Medicare benefits, before proceeding. The following steps will guide you through completing the form accurately.

  1. Start by entering the injured worker's name, Social Security number, date of birth, and contact information, including phone number and address.
  2. Fill in the injured worker's representative information, if applicable, including name, ID number, and contact details.
  3. Provide the employer's name, risk number, fax number, and phone number, along with the address.
  4. If there is an employer representative, include their name, fax number, and phone number, as well as their address.
  5. Indicate whether there is information on other relevant employers by checking Yes or No.
  6. List all claim numbers to be included in the settlement and specify the requested amount for the complete settlement along with the proposed allocation of the settlement amount (for indemnity, prescription drugs, and medical).
  7. Provide a clear explanation for any request for a partial settlement and the circumstances making the settlement desirable.
  8. Clarify if there is additional information on other relevant claims attached by checking Yes or No.
  9. Indicate whether you are receiving or have applied for Medicare benefits by checking Yes or No.
  10. Answer questions about your current medical treatment, treating physician(s), wages at the time of injury, current employment status, present employer, occupation, and wages.
  11. Have the employer check and sign one of the options under the Employer Signature section to reflect their stance on the settlement. This includes whether they support the settlement, disagree with terms, or will not participate in negotiations.
  12. Read and initial the paragraphs under the Settlement Agreement and Release section, acknowledging the agreement's terms, especially regarding medical costs and Medicare implications.
  13. The injured worker, and their representative if applicable, must sign and date the form, indicating their consent to the settlement terms.
  14. If granting a power of attorney to the attorney of record, ensure that both the injured worker and their representative sign and date the section providing this authorization.

After completing all the necessary sections of the Ohio C-240 form, review the information for accuracy. It's essential to understand that signing the form indicates a mutual agreement to suspend all unresolved issues and continue with the settlement as outlined. Submit the completed form to the closest customer service office for further processing. By ensuring the form is accurately and completely filled out, you facilitate a smoother settlement process for your workers' compensation claim.

What You Should Know About Ohio C 240

What is the Ohio C-240 form?

The Ohio C-240 form, titled "Settlement Agreement and Application for Approval of Settlement Agreement," is a document used in the process of settling workers' compensation claims with state-fund employers in Ohio. It serves as an application for both the injured worker and the employer to agree on a final settlement in the worker's claim. This form is specifically for state-fund claims, whereas self-insured claims require a different form, SI-42.

Who needs to sign the Ohio C-240 form?

According to Ohio Revised Code 4123.65, both the injured worker and the employer must sign the settlement applications, except in cases where the employer is no longer conducting business within the state of Ohio. This requirement ensures that both parties agree to the terms outlined in the application for the settlement of the worker's compensation claim.

What happens once the Ohio C-240 form is filed?

Upon filing the C-240 form, all unresolved issues related to the compensation claim are suspended. However, ongoing compensation and medical payments will continue until the effective date of the settlement, which is the date when the Bureau of Workers' Compensation (BWC) mails out the approval of the settlement agreement. This process ensures that the injured worker still receives necessary compensation and medical attention while the settlement is being finalized.

What are the responsibilities of the injured worker after the settlement?

After the effective settlement date, the injured worker becomes responsible for the costs of all medical services, hospital bills, drugs, and medicines related to the conditions of the claim that were provided on or after the settlement date. This requires the injured worker to manage and cover the expenses for any treatment related directly to the injuries claimed, limiting the state insurance fund's responsibilities to costs incurred before the settlement.

How does the settlement affect Medicare beneficiaries?

For Medicare beneficiaries, it's important to note that Medicare does not cover medical bills for conditions associated with the workers' compensation claim. If the settlement allocates funds for future medical expenses, Medicare will not pay for services until the medical expenses related to the workers' compensation claim exceed the amount allocated in the settlement for future medical expenses. This coordination ensures Medicare only covers what is not already compensated by the workers' compensation settlement.

Can the employer withdraw consent to the settlement after signing the C-240 form?

Yes, the employer holds the right to withdraw consent to the settlement by providing written notice to the employee and the BWC administrator within 30 days after the administrator issues the approval of the settlement agreement. This provision allows for reconsideration by the employer if new information or circumstances arise following the initial consent.

What legal protections does the settlement provide to the employer?

Upon the approval and completion of the settlement agreement outlined in the C-240 form, the injured worker, and any parties claiming through them, release and discharge the employer and other related parties from all claims, demands, actions, or causes of action related to the workers' compensation claim up to the date of approval. This legally binding agreement mitigates the possibility of future litigation regarding the claim, providing a clear resolution for both the injured worker and the employer.

Common mistakes

    Here are ten common mistakes people make when filling out the Ohio C-240 form:

  1. Not verifying that the claim is a state-fund claim and mistaken filing for self-insured claims, which require form SI-42 instead.

  2. Forgetting to check whether the employer is still doing business in Ohio, as this affects the need for the employer's signature on the settlement application.

  3. Omitting the signature of either the injured worker or the employer, when both are usually required unless the employer is no longer active.

  4. Incomplete information about the injured worker or employer, such as missing addresses or phone numbers, which can delay processing.

  5. Failure to accurately list all claim numbers to be included in the settlement, risking the exclusion of relevant claims.

  6. Not providing a detailed explanation for partial settlements or the circumstances making the proposed settlement desirable, which helps in understanding the context of the settlement.

  7. Leaving out information about whether the injured worker is currently receiving or has applied for Medicare benefits, affecting how medical bills are handled.

  8. Forgetting to attach a list of any unpaid bills or not forwarding these to the managed care organization, potentially leaving bills unpaid.

  9. Choosing the wrong option under the employer's signature section or not understanding the implications of each option.

  10. Not acknowledging, by initialing the appropriate box, an understanding of who is responsible for medical bills before and after the settlement becomes effective.

Avoid these mistakes to ensure a smoother settlement process and avoid unnecessary delays or issues.

Documents used along the form

When preparing to file a Settlement Agreement and Application for Approval of Settlement Agreement (C-240 form) in Ohio for workers' compensation cases, stakeholders often require multiple documents to ensure a comprehensive approach to settlement. Below is a list of documents often used alongside the Ohio C-240 form, providing a structured framework for the claim process.

  • SI-42 Form: Used for self-insured claims, this form sets out the agreement between the injured worker and a self-insuring employer, similar to the C-240 but specifies the self-insured status of the employer.
  • Medical Records: Comprehensive medical documentation is crucial to substantiate the extent of injuries claimed and to justify the settlement amounts concerning medical expenses.
  • Work Earnings Statements: These documents provide evidence of the claimant's wages at the time of the injury and are vital to calculating compensation for lost wages.
  • Managed Care Organization (MCO) Communication: Communication records with the assigned MCO are necessary for confirming that all medical bills related to the claim have been submitted and processed correctly.
  • Medicare Set-Aside (MSA) Agreement: For Medicare beneficiaries, an MSA ensures that the settlement allocates funds appropriately for future medical expenses that Medicare would not otherwise cover.
  • Legal Representation Documentation: Documents that establish the appointment of legal representation for the injured worker, including retainer agreements or notices of appearance.
  • Power of Attorney: If the settlement involves the use of a power of attorney, the relevant documentation must be filed. This allows another person to act on behalf of the injured worker or employer in the settlement process.
  • Child Support Documentation: Any court-ordered child support documentation to ensure compliance with mandates that the settlement amount considers any child support obligations.

These documents, in conjunction with the Ohio C-240 form, create a robust file, ensuring all parties are fairly represented and that the settlement addresses all potential concerns. By thoroughly compiling and reviewing these documents, parties can navigate the settlement process with confidence, aiming for a resolution that is fair and in compliance with Ohio workers' compensation laws.

Similar forms

The Ohio C-240 form, known as the Settlement Agreement and Application for Approval of Settlement Agreement, is used primarily in the context of workers' compensation claims involving state-fund employers. A similar document in concept is the Settlement Agreement and Release form often utilized in personal injury claims. This type of agreement is designed to resolve a dispute between an injured party and an at-fault party (or their insurer) without further litigation. Both documents include provisions regarding the resolution of claims, detailing compensation, and possibly addressing future liabilities related to medical expenses, showing a likeness in structure and purpose.

Another document akin to the Ohio C-240 form is the General Release Agreement. Though General Release Agreements can apply to various scenarios beyond workers' compensation, such as property damage or contract disputes, they share the primary function of releasing one or more parties from certain claims or liabilities. Both documents necessitate the involved parties' agreement to forgo litigation and settle claims outside the court, emphasizing a mutual understanding and consent to the terms detailed within.

The Compromise Agreement, usually employed in employment law to resolve disputes between employers and employees, bears resemblance to the Ohio C-240 form. Both documents necessitate the inclusion of specific terms and conditions agreed upon by the parties, including compensation and the relinquishment of further claims related to the subject matter of the agreement. This process allows for a formal conclusion to disputes without engaging in lengthy or costly litigation.

The Severance Agreement often parallels the Ohio C-240 in its function related to employment matters. While the Severance Agreement is typically used when an employment relationship ends, providing for compensation and possibly continued benefits for the employee, it also includes clauses that waive future claims against the employer, similar to the claims resolution features in the Ohio C-240 form. This highlights the shared goal of preventing future disputes or claims.

Self-Insured Retention (SIR) Endorsements in liability insurance policies also share similarities with the C-240 form, especially when the employer is self-insured, as noted within specific provisions of the document. SIR Endorsements dictate the responsibilities of the insured in managing and funding defense and settlement costs up to a certain amount before insurance coverage responds. Both types of agreements involve the management of liabilities and settlements in a structured manner to reduce further liabilities.

The Medicare Set-Aside Arrangement (MSA) is notably akin to the Ohio C-240 form in regards to the special notice to Medicare beneficiaries outlined within the form. MSAs are used to earmark a portion of the settlement for future medical expenses that Medicare would otherwise cover, ensuring Medicare is not prematurely billed for injury-related care. Similar to the Ohio C-240, these arrangements require careful allocation of settlement funds to comply with legal requirements.

Debt Settlement Agreements offer another point of comparison. These agreements are negotiated between creditors and debtors to resolve outstanding debts under agreed-upon terms, similar to how the Ohio C-240 form facilitates the resolution of workers' compensation claims. Both documents encapsulate an agreed settlement to prevent further legal action or claims on the specific matters addressed.

The Property Damage Release form, used when settling claims related to property damage, overlaps with the Ohio C-240 form in its objective to finalize the settlement of claims and prevent future disputes. Whether addressing personal injury, workers' compensation, or property damage, these documents finalize agreements between parties to forego additional legal claims related to the settled matter.

Non-Disclosure Agreements (NDAs) are often included within or accompany settlement agreements like the Ohio C-240 form, especially when confidentiality about the settlement terms or the underlying facts is desired by one or both parties. While NDAs primarily focus on confidentiality and the non-disclosure of specific details, they are often part of broader settlement agreements to ensure certain terms, including settlements or resolutions, are not publicly disclosed.

The Mutual Release Agreement, akin to the Ohio C-240, is used when two parties agree to release each other from all types of claims, known or unknown, up to the date of the agreement. This type of agreement is broader than the Ohio C-240 form, which is specific to workers' compensation claims, but both serve to comprehensively resolve disputes and prevent future litigation on the matters addressed within the agreements.

Dos and Don'ts

When you're filling out the Ohio C-240 form for a Settlement Agreement and Application for Approval of Settlement Agreement, it is important to approach the process with care and attention to detail. This document plays a critical role in the settlement of workers' compensation claims with state-fund employers. The following list highlights the things you should and shouldn't do while completing this form to ensure the process proceeds smoothly and effectively.

  • Do ensure you read and understand every section of the form before starting to fill it in. This ensures that all information provided is accurate and pertinent.
  • Do not skip any sections that apply to your case. Filling out every relevant part of the application is crucial for its consideration.
  • Do include the claim number and specify any claims being specifically excluded from the settlement. Clarity on these points helps avoid misunderstandings.
  • Do not estimate or make up information. If you're unsure about certain details, seek clarification or assistance before proceeding.
  • Do gather and attach any relevant documentation, such as unpaid bills or evidence of ongoing medical treatment, as required by the form.
  • Do not sign the form without thoroughly reviewing all the information you have entered. This review process can help catch and correct errors.
  • Do initial the boxes indicating you understand the implications of the agreement, especially regarding future medical bills and payments affecting Medicare beneficiaries.
  • Do not hesitate to seek legal advice if there are any aspects of the agreement or the form you do not understand. Professional guidance can help ensure your rights are protected.
  • Do keep a copy of the filled-out form and all supporting documents for your records. Having these documents on hand can be invaluable for future reference.

Approaching the completion of the Ohio C-240 form with diligence and attention to these dos and don'ts can significantly influence the outcome of your settlement process. Remember, this form is a key component in formalizing the agreement between you and the employer regarding your workers' compensation claim. Hence, taking the time to carefully fill out this form not only facilitates a smoother process but can also safeguard your interests.

Misconceptions

Understanding the Ohio C-240 form, known formally as the Settlement Agreement and Application for Approval of Settlement Agreement (For state-fund claims only), is crucial for parties involved in workers' compensation claims. However, there are several misconceptions about the form and process that need to be clarified:

  • Misconception 1: The form is applicable for both state-fund and self-insured employer claims. Reality: The C-240 form is specifically for state-fund claims. Self-insured claims require the SI-42 form.
  • Misconception 2: Once the settlement is filed, no further medical payments for the injury will be made by the state fund. Reality: Ongoing compensation and medical payments continue until the effective settlement date. The costs incurred for medical services, hospital bills, drugs, and medicines before this date are covered by the state insurance fund, following current medical payment guidelines.
  • Misconception 3: Employers who are no longer in business need not sign the settlement applications. Reality: While it's true that employers no longer conducting business in Ohio are not required to sign, the form stipulates that both the injured worker and the employer must sign in most other cases.
  • Misconception 4: All claims can be included or settled through this form. Reality: Parties must specify which claims are to be included in the settlement and are also allowed to request a partial settlement, meaning not all claims against an employer must be settled through this process.
  • Misconception 5: Medicare will cover medical bills for conditions related to the workers' compensation claim after the settlement. Reality: Medicare does not cover medical expenses for conditions related to workers' compensation claims until medical expenses equal the amount allocated for future medical services in the lump sum settlement.
  • Misconception 6: The settlement agreement immediately becomes effective upon filing the C-240 form. Reality: The effective settlement date is the mailing date of BWC’s approval of the settlement agreement, not the filing date.
  • Misconception 7: The injured worker is responsible for all medical costs incurred after filing the C-240 form. Reality: The injured worker becomes responsible for the cost of medical services, hospital bills, drugs, and medicines only after the effective date of the settlement. Costs for services before this date are covered by the state insurance fund.
  • Misconception 8: Settlement amounts are non-negotiable once the form is submitted. Reality: The employer can indicate on the form if they do not agree with the settlement terms and participate in the negotiation process.
  • Misconception 9: Signing the form waives the employer's right to challenge the settlement. Reality: Employers can withdraw consent to the settlement by providing written notice to the employee and the BWC administrator within 30 days after the administrator issues the approval.
  • Misconception 10: The settlement agreement forecloses any future claims related to the injury. Reality: The agreement releases and discharges all claims, demands, actions, or causes of action up to the date of the agreement approval. However, it does not prevent the injured worker from filing claims for conditions discovered after the settlement that were not part of the original claim.

It's imperative for both injured workers and employers to thoroughly understand the implications of the C-240 form and the settlement process to safeguard their rights and fulfill their responsibilities under Ohio law.

Key takeaways

Filling out and using the Ohio C 240 form, the Settlement Agreement and Application for Approval of Settlement Agreement, is a critical process for parties involved in settling workers' compensation claims with state-fund employers in Ohio. Understanding its requirements and implications can help ensure a smooth settlement process. Here are key takeaways about this form:

  • Eligibility and Purpose: The Ohio C 240 form is specifically designed for the settlement of workers' compensation claims involved with state-fund employers. Its purpose is to facilitate a mutual agreement between the injured worker and the employer to settle a claim, suspending all unresolved issues.
  • Required Signatures: Both the injured worker and the employer must sign the settlement applications, except in cases where the employer is no longer operational within Ohio. This requirement underscores the agreement's mutual nature and ensures both parties' commitment to the terms.
  • Ongoing Payments Until Settlement: It’s important to note that all ongoing compensation and medical payments continue until the effective date of the settlement, which is the mailing date of BWC’s approval of the settlement agreement. This provision ensures that the injured worker receives due benefits up till the settlement takes formal effect.
  • Medical Responsibility: The form outlines the responsibility for medical costs before and after the settlement date. Specifically, costs for medical services provided before the settlement date are covered by the state insurance fund, under certain conditions, while those incurred after this date fall to the injured worker. This distinction plays a crucial role in financial planning for the injured worker post-settlement.
  • Medicare Beneficiaries: A special notice to Medicare beneficiaries highlights that Medicare does not cover medical bills for conditions related to the workers' compensation claim post-settlement, up to the amount allocated for future medical expenses in the settlement. This information is vital for injured workers who are Medicare beneficiaries, as it affects their future coverage and out-of-pocket expenses.
  • Employer’s Acknowledgment for Self-Insured: Employers currently self-insuring must acknowledge their obligation to reimburse BWC for portions of the settlement amount associated with DWRF liabilities. This acknowledgment is crucial for maintaining fairness and ensuring that self-insuring employers contribute appropriately to the settlement.

Understanding these key aspects of the Ohio C 240 form can significantly aid in the preparation, submission, and execution of a settlement agreement, ensuring all parties are informed and agree on the terms. This knowledge also helps in anticipating the responsibilities and potential financial implications following the settlement, particularly for injured workers navigating their recovery and future medical needs.

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