A lifeguard can spend an entire shift watching for trouble in the water, only to become the person who needs help. A wet pool deck can cause a serious fall, while repeated lifting or emergency rescues can lead to back, shoulder, or joint injuries.
Ohio workers’ compensation may cover a lifeguard who qualifies as an employee and suffers an injury in the course of and arising out of employment. Working a summer schedule or holding a part-time position does not automatically remove that coverage.
This article examines how the employment relationship, circumstances surrounding an injury, medical evidence, available benefits, and filing deadlines may affect an Ohio workers’ compensation claim.
Key Takeaways About Workers’ Compensation Rights for Lifeguards in Ohio
- Ohio lifeguards may qualify for workers’ compensation when they are employees and suffer an injury in the course of and arising out of their employment.
- Part-time and seasonal lifeguards can have workers’ compensation rights because those work arrangements do not, by themselves, exclude an employee from coverage.
- Ohio injury claims generally must be filed within one year and must identify the specific body part or parts claimed to have been injured.
- An allowed claim may provide medical benefits and certain forms of wage-replacement or disability compensation.
- Administrative appeals generally carry 14-day deadlines, while qualifying appeals to court generally must be filed within 60 days.
- The claims process can differ depending on whether the employer participates in Ohio’s state insurance fund or administers claims as a self-insuring employer.
Are Lifeguards Covered by Workers’ Compensation in Ohio?
A lifeguard can be covered by Ohio workers’ compensation if the person qualifies as an employee and suffers an injury in the course of and arising out of employment.
Ohio Revised Code § 4123.01 defines “employee” broadly. Coverage can include people working for private businesses under a contract of hire, as well as employees of state and local government entities, counties, municipalities, townships, and school districts.
For a lifeguard, possible employers include:
- A city recreation department
- A county park
- A school district
- A private swimming pool
- A country club
- A YMCA
- A water park
- A hotel or resort
The activity the lifeguard was performing when the injury occurred also matters. A shoulder injury during an assigned water rescue has a direct connection to lifeguard duties. A fall on a wet pool deck during a scheduled shift may also qualify. A recreational swim after clocking out presents a different question and would require a closer examination of the circumstances.
Ohio law excludes certain injuries connected to voluntary participation in an employer-sponsored recreation or fitness activity when the employee signed a waiver before participating. However, a lifeguard performing assigned duties should not be confused with an employee voluntarily participating in a recreational activity.
What Work Injuries May Lifeguards Experience?
Lifeguarding involves emergency response, physical exertion, wet surfaces, outdoor exposure, and frequent movement. Injuries can occur during routine duties or in the course of a rescue.
Common examples include:
- Shoulder injuries during water rescues
- Back injuries from lifting or assisting swimmers
- Slips and falls on wet pool decks
- Knee and ankle injuries
- Injuries from diving or jumping during a rescue
- Cuts caused by pool equipment
- Injuries sustained while performing CPR
- Heat-related illnesses
- Chemical exposure
- Injuries involving rescue equipment
The circumstances surrounding the injury can affect how the claim should be documented. If a lifeguard is hurt while pulling a swimmer from the water, evidence may include the date and location of the rescue, a description of the work activity, witness statements, reported symptoms, medical examinations, and the eventual diagnosis.
Conditions that develop gradually can present different issues. If symptoms appear after repeated rescues, lifting, or other physically demanding duties, medical evidence may need to explain how the work contributed to the condition. If the worker had a pre-existing condition, Ohio generally requires objective medical evidence showing that a work injury substantially aggravated it.
The diagnosis also matters. A general complaint such as pain may lead to testing that identifies a specific medical condition. The medical record should accurately describe the diagnosis, the reported work activity, any resulting limitations, and the recommended treatment.
What Benefits May Be Available to Injured Lifeguards?
Depending on the allowed claim and the worker’s circumstances, Ohio workers’ compensation may provide medical benefits, temporary total disability compensation, wage-loss compensation, and permanent partial disability benefits.
Medical benefits may cover reasonably necessary treatment for the conditions allowed in the claim, including qualifying healthcare services and related expenses.
Temporary total disability compensation may be available when an allowed condition prevents the employee from returning to the former position and the inability to work results directly from that condition. During the first 12 weeks of temporary total disability, compensation generally equals 72% of the worker’s full weekly wage, subject to statutory caps. After that period, it generally equals 66⅔% of the worker’s average weekly wage, subject to applicable minimums and maximums. These rates are governed by Ohio Revised Code § 4123.56.
A seasonal lifeguard may have questions about wage calculations because summer work can involve fewer weekly hours or a shorter work history. Ohio generally uses the employee’s average weekly wage as the basis for calculating benefits. When ordinary wage calculations would not produce a fair result because of special circumstances, the administrator may use another method intended to do substantial justice.
Wage-loss compensation may be available when an allowed injury forces an employee to accept lower-paying work or prevents the employee from finding suitable work consistent with the injury. Eligibility depends on whether the wage loss results directly from the allowed condition and whether the worker satisfies the applicable requirements.
Permanent partial disability benefits may also be available when an allowed injury results in a qualifying permanent impairment. Eligibility and the amount of an award depend on the statutory process and supporting medical evidence.
One benefit does not automatically follow from another. Medical benefits, temporary total disability, wage-loss compensation, and permanent partial disability each have separate requirements.
Does Seasonal or Part-Time Work Affect a Lifeguard’s Claim?
A summer or part-time lifeguard job does not automatically exclude a worker from Ohio workers’ compensation coverage.
A lifeguard hired to work from June through August can still have a compensable claim after being injured during a scheduled shift. The short employment period does not, by itself, determine whether the injury qualifies.
The seasonal schedule can affect the calculation of wage-related benefits because the worker’s earnings and employment history are part of that analysis. A lifeguard who works limited weekly hours may have a different benefit calculation from someone employed full time throughout the year.
The end of the summer also does not necessarily end an allowed workers’ compensation claim. Medical treatment and some other benefits may continue after the seasonal job ends. However, the scheduled end of employment can affect eligibility for temporary total disability or wage-loss compensation because the worker must establish that the inability to work or loss of earnings results directly from the allowed injury.
What Should Lifeguards Do After a Work Injury?
After a work injury, a lifeguard should report the accident, seek appropriate medical care, document the affected body parts, and begin the workers’ compensation claim promptly.
A lifeguard should:
- Report the accident. Tell a supervisor what happened, when it happened, and what work activity was involved.
- Get medical care. Tell the healthcare provider that the injury occurred at work and explain how it happened.
- Identify every affected body part. Report the shoulder, neck, back, knee, ankle, or other affected area, even if some symptoms initially seem minor.
- Keep relevant records. Save medical records, work restrictions, accident reports, photographs, witness information, schedules, and related documents.
- Start the claim. Filing a First Report of Injury can begin the workers’ compensation process.
- Pay attention to the filing deadline. Ohio injury claims generally must be filed within one year after the injury and identify the specific part or parts of the body claimed to have been injured.
Simply telling a supervisor about an accident may not, by itself, satisfy the workers’ compensation filing requirement. Ohio Revised Code § 4123.84 generally requires a claim identifying the injured body part or parts to be filed with BWC or the Industrial Commission within one year. Different provisions may apply when the employer is self-insured or another statutory exception applies.
Ohio’s First Report of Injury process allows an employee, employer, medical provider, or another interested party to initiate a state-fund claim. For a self-insuring employer, the employee generally submits the claim to the employer under a different procedure.
A lifeguard who initially reports a shoulder injury and later develops significant neck symptoms should not assume the second body part or medical condition is automatically included in the original claim. Additional medical evidence or a request to recognize another condition or body part may be necessary, and the one-year filing rule can affect injuries to body parts not identified in the original claim.
What If a Lifeguard’s Workers’ Comp Claim Is Denied?
An Ohio workers’ compensation denial can be challenged through the state’s administrative appeal process.
A dispute may concern:
- Whether the injury arose out of and occurred in the course of employment
- Whether a particular diagnosis is related to the work injury
- Whether an additional body part or medical condition should be added
- Whether proposed medical treatment is appropriate
- Whether the worker qualifies for a requested benefit
Ohio Revised Code § 4123.511 establishes the administrative appeal structure. Appeals from certain BWC and Industrial Commission orders generally must be filed within 14 days after receipt of the order. Separate 14-day periods can apply at successive administrative stages.
A party may appeal certain Industrial Commission decisions to the appropriate court of common pleas under Ohio Revised Code § 4123.512. The notice of appeal generally must be filed within 60 days after receipt of the applicable order. Court appeals are generally limited to disputes concerning the right to participate or continue participating in the workers’ compensation system; not every decision about the extent of disability or amount of benefits can be appealed to court.
For example, a lifeguard may have a claim allowed for a back strain but later seek recognition of a herniated disc or another condition allegedly connected to the original injury. Medical records, diagnostic testing, treatment history, and a healthcare provider’s opinion may help establish the additional condition. If the claim becomes disputed, surveillance footage may also be used to question whether the worker’s reported limitations are consistent with activities outside work.
A denial should be read carefully. The reason for the decision and the date the order was received can determine the available options and filing deadline.
How Can an Ohio Workers’ Compensation Lawyer Help?
A workers’ compensation claim can involve medical records, wage information, employer records, and strict administrative deadlines. Keeping track of these details can be difficult while recovering from an injury.
An Ohio workers’ compensation lawyer can review:
- How the injury occurred
- The work activity involved
- Whether the claimed condition is connected to the employment
- Which body parts and medical conditions should be included
- Medical records and work restrictions
- Wage information relevant to benefit calculations
- A disputed diagnosis or treatment request
- The reason for a claim denial
- Available appeal options and deadlines
Legal guidance may be particularly helpful when an injury occurs near the end of a summer job. The seasonal employment period ending does not erase a work injury, but it may create additional questions about wage calculations and eligibility for disability compensation.
Ohio law also prohibits an employer from discharging, demoting, reassigning, or otherwise punishing an employee because the employee filed or pursued a workers’ compensation claim. The scheduled end of a seasonal position is not automatically retaliation, but the timing and reasons given for an adverse employment action may warrant review.
Retaliation claims carry short deadlines. Under Ohio law, the employer generally must receive written notice of the alleged violation within 90 days of the adverse action, and a lawsuit generally must be filed within 180 days.
Brandon J. Broderick, Attorney at Law on Workers’ Compensation for Ohio Lifeguards
A lifeguard’s injury may continue to require treatment long after the pool closes for the season. Meanwhile, the summer paycheck may have stopped, the claim may still be pending, and important filing or appeal deadlines may be approaching.
Brandon J. Broderick, Attorney at Law, can review the circumstances of your injury, explain how seasonal employment may affect the claim, and help you understand the benefits and appeal options that may be available.
If the season is over but your workers’ compensation issues are not, contact us today.