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Non-at-fault motor vehicle accident claims
Motor vehicle accidents and Ohio workers' compensation

With the passage of House Bill (HB) 207 in 2016, if as an employer you can establish that an employee’s claim is a result of a non-at-fault motor vehicle accident involving a third party, we may exclude the claim's cost from your experience.

This change may impact your experience modification in premium development and the experience used in premium development if you're participating in a retrospective rating plan.

This provision of HB 207 became effective for accidents occurring on or after July 1, 2017.

To apply for the claim cost exemption, Ohio law requires that either the:

  • Third party at-fault driver have active insurance coverage, or
  • Your business must have active uninsured motorist's insurance coverage

If we determine the claim meets the requirements, we'll make the appropriate adjustments to recalculate your experience modifier and premium. We'll also adjust prior policy years. However, we'll limit adjustments to the periods ending within 24 months immediately prior to the filing date.

Eligibility

You must be a private or public employer and meet all the following criteria.

  • Have active BWC workers' compensation coverage on the date of injury
  • Be current on all payments due to BWC
  • Be current on any part-pay agreement

Application process

You must file a Request to Charge the Surplus Fund for Non-At-Fault Motor Vehicle Accident (AC-28).

Your application must include proof that:

  • A motor vehicle accident involving a third party caused the claim.
  • A third party involved in the motor vehicle accident was issued a citation; in the absence of a citation, evidence the third party is primarily liable for the accident.
  • The third party had valid insurance or your auto policy covered the claim under the uninsured or underinsured motorist coverage.

If the application does not contain sufficient evidence, we will attempt to obtain the required documentation from you. We have 180 days to make a decision.

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