Calfee’s Workers’ Compensation and OSHA practice attorneys use an aggressive yet efficient approach in our representation of employers facing every conceivable workers’ compensation, OSHA, and related employer liability concern.
Our attorneys counsel clients across a wide range of industries, including manufacturing, automotive dealers and parts distributors, interstate trucking, health care, warehousing and distribution, government entities, gaming, retailers, construction, food products, packaging, aerospace, and janitorial industries. Many of these companies are self-insured for workers’ compensation liability. In addition, we counsel municipalities and other public employers.
A single industrial accident may have workers’ compensation, OSHA, intentional tort/personal injury, VSSR (safety violations), insurance coverage, ADA, FMLA, retaliatory discharge, and even crisis management implications. Our attorneys are available 24 hours a day to counsel clients in such situations.
We also work with employers on OSHA compliance (the “accident that never happens”), workers’ compensation audits including coverage and rating options, and individual “problem” workers’ compensation claims (those involving high liability, fraud, or the need to present witnesses or legal argument). Our attorneys have developed the experience and knowledge necessary to have the complete picture in mind when advising employers. The solutions we offer not only address our clients’ concerns but do so in a cost‑efficient manner.
Yes. Most of these businesses and their workers’ compensation claims are subject to the Ohio Bureau of Workers’ Compensation’s Reserving System. Reserves affect group-rating eligibility and the potential for significant premium savings. In claims where the claimant has an attorney, or which may significantly impact premiums, employers should consider retaining outside legal representation.
Employers who are in Ohio BWC’s high-deductible and retrospective rating programs enjoy “semi-self-insured" status and need to protect their workers’ compensation programs accordingly.
Since 2019, Calfee has been recognized as a Leading Law Firm for Labor and Employment by Chambers USA, most recently in Band 3 in Ohio (2024). Chambers USA researchers note that the practice is known to be "proficient in the handling of a wide range of labor and employment matters. Areas of strength for the firm include the representation of management in collective bargaining negotiations with unions, defending clients against claims of wrongful discharge and discrimination, and day-to-day employment counseling. Calfee's expertise also stretches to the enforcement of post-employment agreements."
Clients interviewed by Chambers USA said, "The Calfee team has a high level of knowledge. Calfee is consistently responsive, thorough, and knowledgeable. The attorneys we work with at Calfee are able to quickly distill and interpret the relevant information pertaining to a matter, cut past the emotional and subjective factors, and focus on the law. The firm is very thorough and concentrates on the details; they are experts in the law and how it applies to the issues while understanding the business needs. The group is accessible and calls you back very quickly. They are a pleasure to work with and every one of them knows their stuff. They are spot-on technically, on top of everything and always provide good solid counsel. We are extremely satisfied with the work Calfee has done for us. The group is thorough, creative, and responsive."
Calfee was selected for inclusion in the 2025 "Best Law Firms" rankings in the following areas:
Calfee is a charter member of The National Workers’ Compensation Defense Network, a network of independent U.S. and Canadian law firms. NWCDN provides employers and insurers access to high-quality representation in workers’ compensation and related employer liability fields.
Calfee was selected for inclusion by Benchmark Litigation 2025 as a Highly Recommended Law Firm in Dispute Resolution in Ohio. Additionally, 16 of Calfee's Litigation partners have been ranked by Benchmark Litigation as "Litigation Stars" in the U.S. (National), Midwest, and Ohio and as “40 & Under" and "Future Stars" Honorees.
Prevented BWC from trying to recoup Ohio benefits already paid in a multi-jurisdictional dispute including a private insurer.
Successfully represented a major regional staffing company in a successorship dispute before Ohio BWC Adjudicating Committee and Administrator’s Designee forums leading to $10M in savings by effectuating a three-year delay in EMR change date, thereby preserving new employer EMR (1.0) and group rating status.
After years of allegedly fraudulent non-payment of trucking industry premiums in Ohio, negotiated settlement with Ohio BWC Fraud Unit with a waiver of all interest and penalties for payment of past due premiums.
Settlements of non-complying employer liability at a fraction of claims costs and back premiums allegedly owed to the BWC.
Appellate courts affirmed the trial court determination using the right to control test that an independent contractor was not an employee.
Succeeded in obtaining a court order preventing BWC from compelling a trucking company to report payroll of interstate drivers to Ohio BWC for workers’ compensation premium calculation purposes in light of a valid Ohio Choice of Law Agreement.
Reduction in BWC premium billings from over $3 million to $300,000 through a combination of patient litigation and negotiation, focusing on the legal definition of “successor in interest” and risk transfer/risk combination issues.
Recordkeeping Inspections and related recordkeeping issues, including post-accident drug testing and safety incentive programs
Ergonomic and related “general duty clause” inspections
Site-Specific Targeting (SST), National and Local Emphasis Programs (NEP and LEP), and other targeted/focused inspections
Inspection warrant issues, including warrant litigation
"Areas of strength for the firm include the representation of management in collective bargaining negotiations with unions, defending clients against claims of wrongful discharge and discrimination, and day-to-day employment counseling. Expertise also stretches to the enforcement of post-employment agreements."
Researcher comments, Chambers USA
