If you’ve been injured on the job in Ohio, you might wonder how long it will take to resolve your workers’ compensation case. Unfortunately, there’s no one-size-fits-all answer: it depends on conditions like the following:
- How complicated your case is;
- The nature of your injury;
- The involvement of the Ohio Bureau of Workers’ Compensation (BWC) or a self-insured employer.
While some cases move quickly, others can take many years to finalize – some remain open indefinitely. Understanding the process and workers’ compensation law in general can help set realistic expectations and reduce frustration. Here’s a closer look at the factors that determine how long your case may take and why consulting a skilled workers’ compensation lawyer is so important.
The Timeline of Workers’ Compensation Cases in Ohio
The timeline for a workers’ compensation case varies based on whether your case involves simple medical claims, wage loss disputes, or settlements requiring negotiation. Below is an overview of the key phases of a workers’ compensation case and the typical time frames involved.
Initial Claim Filing
Filing your workers’ compensation claim is the first step. This involves:
- Reporting the Injury: Notify your employer about the on-the-job injury or illness as soon as possible. Ohio law requires injuries to be filed with the Ohio BWC within one year (or within two years for occupational illnesses), but waiting too long can complicate your claim.
- Gathering Documentation: Provide evidence to support your claims, such as medical records, workplace accident reports, witness statements, and a medical opinion that establishes a causal relationship between the workplace injury and the diagnosis. . Missing or incomplete documentation can delay the case.
- Submitting the Claim: Employers typically have legal counsel seeking to minimize claims, and the Bureau of Workers’ Compensation often follows guidelines that can deny treatment or benefits. You need legal representation to secure all entitled benefits. Work with a Plevin & Gallucci worker’s compensation attorney to help file your claim with the Ohio Bureau of Workers’ Compensation (BWC) or your employer if they’re self-insured. The BWC typically issues a decision within 28 days of receiving your claim.
Potential delays may arise if any of the following occur:
- Eligibility Disputes: If there’s disagreement about whether your injury is work-related, the BWC may request additional information, which can slow things down.
- Incomplete or Incorrect Paperwork: Errors in your claim form or missing documents can lead to processing delays.
Receiving Initial Benefits
Assuming your claim is allowed, you may begin receiving benefits for medical treatment and lost wages. For injured workers, this is not the end of the process. Rather, there are additional benefits you are entitled to – benefits most people are unaware of.
If your claim is denied or contested by your employer, you may need to file an appeal and have it set for a hearing before the Ohio Industrial Commission (OIC), which can extend the timeline. Hearings are generally scheduled within 45 days of the request, but preparing for the hearing and gathering evidence can take time. If the OIC denies your claim at the hearing level, you may have the option to appeal further court, which adds months or even years to the case timeline.
Settlement Discussions
When you choose to settle a workers’ compensation claim, you’re agreeing to accept a lump sum settlement in exchange for giving up your right to future benefits. While this option can provide financial stability, it involves several important steps that require careful attention to detail. Here’s what you can expect during the workers’ comp settlement phase.
Evaluating the Claim
Before entering into settlement negotiations, your attorney will calculate the value of your claim. This evaluation considers:
- The Severity of Your Injury: How serious is your injury, and will it affect your ability to work in the future?
- Future Medical Needs: Will ongoing medical care, such as physical therapy, surgeries, or medications, be necessary?
- Future Lost Wages: If your injury prevents you from working in your current role or any job, your attorney will consider what disability benefits may be available to you.
This step is important because the settlement amount must reflect the full scope of your financial and medical needs, not just your immediate expenses.
Negotiating with the Employer or BWC
Reaching an agreement often involves back-and-forth negotiations between your workers’ comp lawyer, the Bureau of Workers’ Compensation (BWC), and your employer. The larger the settlement amount, the more layers of approval are needed, which can extend the timeline:
- BWC Claims Service Specialists: These representatives can approve settlements up to a certain dollar amount.
- Appointed BWC Attorneys: If your settlement exceeds a certain threshold, it may need to be reviewed by additional attorneys within the BWC.
- Special Committees: For very large settlements, approval from a special committee may be required.
For self-insured employers, negotiations can take longer, especially if their excess carrier (a secondary insurance provider for large claims) becomes involved. These additional layers of involvement often create delays, but they are necessary to ensure that all parties agree to the terms.
Approval Requirements
Once an agreement is reached, the settlement paperwork must be submitted to the Ohio Industrial Commission (OIC) for approval. The OIC has 30 days to review the settlement and either approve it or raise objections. If no objections are raised during this period, the settlement is automatically approved. If the OIC identifies potential issues, they may delay or reject the settlement, requiring revisions or additional steps before finalization.
Medicare Set-Asides (MSAs)
If Medicare could be responsible for covering future medical expenses related to your workplace injury, a Medicare Set-Aside (MSA) may be required. MSAs are intended to ensure that settlement funds are used to pay for work-related medical care before Medicare steps in.
While MSAs add to the timeline, they are necessary to protect your future medical coverage and comply with federal regulations.
Typical Time Frames for Settlements
The time it takes to finalize a workers’ compensation settlement depends on the circumstances of your case. For minor injuries with modest settlement amounts, it may take 4 to 6 months from evaluation to final approval, while cases involving ongoing medical needs or disputes typically require 6 months to a year to settle. If an MSA is required or the settlement involves significant negotiations, it can take 12 to 18 months or more to complete.
Even if you’re ready to move quickly, other parties (such as the BWC, your employer, or their insurance company) may not operate on the same timeline. Employers, for example, may prioritize settlement approvals during specific times of the year, such as when premiums are recalculated, adding another layer of unpredictability.
What Can You Do to Speed Things Up?
While some factors in a workers’ compensation case are beyond your control, there are proactive steps you can take to avoid unnecessary delays and keep things moving.
Provide Complete Documentation
One of the most common causes of delays is missing or incomplete paperwork. From the start, work closely with your attorney to make sure to gather and submit all relevant records, including:
- Detailed medical reports and bills related to your injury.
- Accident reports or incident logs from your workplace.
- Pay stubs or tax documents to confirm your wages.
If any key documents are left out or need to be corrected, your claim evaluation or settlement could be stalled. Ensuring you provide a full and accurate record of your case allows the Bureau of Workers’ Compensation (BWC) or your employer’s insurance company to move forward without unnecessary back-and-forth.
Work With an Experienced Workers’ Compensation Attorney
Going through the workers’ compensation system alone can lead to mistakes or oversights that add unnecessary time. A knowledgeable workers’ compensation attorney can:
- Make sure your initial claim is complete and accurate, preventing delays caused by errors;
- Handle communication with the BWC, employer, or their insurance company;
- Negotiate on your behalf;
- Cut through red tape and push for timely decisions.
By having a legal representative who knows the system inside and out, you can avoid the common pitfalls that slow down many cases. An attorney can also help anticipate potential delays (like the need for a Medicare Set-Aside) and begin addressing those requirements early.
Respond Quickly to Requests
Once your claim is filed, there may be follow-up requests from your attorney, the BWC, or your employer’s insurer for additional information, such as updated medical records or signed forms. Delays in providing these items can slow the progress of your case.
Here’s how you can help keep things moving:
- Respond to phone calls, emails, or letters promptly.
- Double-check that the information you provide is complete and accurate.
- If you’re unsure about something, ask your attorney for clarification right away instead of waiting.
The faster you handle your responsibilities, the quicker your case can be concluded.
Be Patient with Complicated Cases
For cases involving serious injuries, ongoing medical treatment, or settlements requiring an MSA, things naturally take more time. While it can be frustrating to wait, rushing these cases could result in mistakes or an inadequate settlement that doesn’t address your long-term needs.
Why You Need a Workers’ Compensation Lawyer
Workers’ compensation cases can feel unreasonably slow, but having an experienced attorney by your side can make your claim far more manageable. A lawyer ensures that every step is handled correctly, no details are overlooked, and your claim is thoroughly prepared. Without legal representation, you risk losing out on the fair compensation you deserve or failing to claim all the workers’ comp benefits you’re entitled to under Ohio law.
Our Ohio Workers’ Compensation Attorneys are Here to Help
The timeline of a workers’ compensation case in Ohio depends on many factors, from the nature of your claim to the responsiveness of the parties involved. While some cases become allowed in a few months, others may take over a year. Patience and preparation are key to achieving the best results.
If you’ve been injured at work, contact an experienced Ohio workers’ compensation attorney at Plevin & Gallucci to get the answers and legal support you need. The sooner you consult a lawyer, the sooner you can work toward the resolution you deserve. Call 855-4PLEVIN, fill out our contact form, or click in the bottom right-hand corner of the page to chat with an agent now.
Related:
Workers’ Compensation for Back Injuries
Understanding Workers’ Compensation for Construction Site Accidents
Maximum Medical Improvement for Workers’ Compensation in Ohio
