Ohio Statute of Limitations on Workers’ Compensation Claims

When you become injured in the state of Ohio, you have options for seeking compensation to help you recover. When you’re injured on the job, you’re typically going to file a workers’ compensation claim.

What is a Statute of Limitations?

In Ohio, as in many other states, there is a time limit for filing claims or lawsuits. These general limitations periods are called a statute of limitations. A medical malpractice lawsuit in Ohio, for instance, has a one-year statute of limitations based on a variety of factors (and exceptions, in addition to a four-year statute of repose), while the statute of limitations for wrongful death lawsuits is one year. Product liability and personal injury lawsuits must be filed within two years of the date of the injury or the date of a medical diagnosis for a condition that was not noticed within two years.

What is the Statute of Limitations for Workers’ Compensation in Ohio?

After the passing of House Bill 27, the statute of limitations was reduced to just one year, a move enacted through the Ohio General Assembly as part of the Bureau of Workers’ Compensation‘s budget amendments.

This one-year filing deadline significantly impacts Ohio workers. It shortens the time available to file a claim, which can make it more challenging for workers and employers to address work-related injuries cooperatively. Missing this deadline can result in losing your right to receive compensation for your injuries.

In this post, we’ll explore the key points of House Bill 27, provide basic guidance on how to file for workers’ compensation in Ohio, and explain how our experienced team of attorneys can assist you. At Plevin & Gallucci, we’ve been advocating for injured workers for over 40 years, and we offer free consultations to discuss your case.

Apply for Ohio Workers’ Compensation Benefits Right Away

If you’re thinking of filing a workers’ compensation claim in Ohio, the one-year statute of limitations makes it imperative that you do not delay in contacting an attorney. While the advice here can certainly be a helpful start to your research, it does not compare to the discussions you will have with someone who wants to see you get the most compensation possible for your injuries.

That said, it’s good to keep some of the following things in mind:

• Workers’ compensation covers medical benefits as well as some wage loss benefits;
• To file a workers’ compensation claim, the workplace injury must occur while someone is employed and doing work-related activities;
• Injuries under Ohio law do not include psychiatric conditions, except for those that develop after a physical injury or occupational disease, or those that occur if an employee has signed a waiver before participating voluntarily in an employer-sponsored activity, like a softball league after work.

There are a few other exceptions to injuries as listed in this post: How ‘Injury’ is Defined under Ohio Law.

If you become injured on the job, you’ll receive medical attention first. It’s important to note that you have the right to choose your own doctor — if you go with a doctor supplied by your employer, he or she is on the side of your employer and can potentially hurt your case. You’ll want to document your injuries, find witnesses, and notify your employer as soon as possible. Then, you’ll file a First Report of Injury form.

Remember: You’ll always want to consult with an attorney prior to filing an application for workers’ compensation with the BWC. The BWC exists to help employers and keep costs down, not to benefit you. Your employer may try to have your claim denied. If so, an Ohio workers’ compensation attorney can help you through an appeal or reopening of your case.

See also: Why are Workers’ Compensation Claims Down in Ohio?

Why did Ohio Workers’ Compensation Reduce from Two-Years to One-Year?

Ohio’s reduction of the workers’ compensation statute of limitations from two years to one year, effective September 29, 2017, was primarily driven by House Bill 27. This change was passed by the Ohio General Assembly as part of the state’s biennial budget for the Ohio Bureau of Workers’ Compensation (BWC).

Employers often want to do whatever they can to avoid having a worker file for workers’ compensation benefits. As a result, employers often encourage injured workers to take time off, treat on health insurance, or simply not report claims unless the injury becomes too severe.

With this legislative change, gone are the days when workers’ compensation attorneys have time to try to work with an employer and keep a harmonious approach to the handling of the injury. We are now forced to put it in the system and deal with bureaucracy.

Although Ohio began recognizing cancer as a work-related illness for firefighters, the reduction in the statute of limitations is a step back for many injured Ohio workers, particularly as workplace fatalities continue to grow. The statute of limitations for Ohioans seeking claims for compensation or benefits after the death of a loved one because of a work-related injury also has been reduced to one year. (Ohio Revised Code 4123.84)

Supporters of the legislation change say that most claims for workers’ compensation are filed within one year anyway, and the legally reduced time limit to file a claim helps employers by kicking out claims that are difficult to prove or disprove after a year has passed and memories begin to fade. Nineteen other states have a one-year statute of limitations for workers’ compensation claims as well.

How Does Ohio’s Statute of Limitations Differ from Other States?

What makes Ohio different is it’s one of four states that already limits the ability of a worker to collect damages through a workers’ compensation fund. If your employer is one of the 244,000 in the state of Ohio that pays premiums to the BWC, while you won’t have to prove negligence to help recover from your injury, you will most certainly receive fewer benefits than your friends who live in states without a workers’ compensation fund. The BWC does not allow for the recovery of pain and suffering, for example.

However, depending on how egregious the actions of an employer are in causing an injury, there are ways to recover compensation outside the BWC. Our experienced workers’ compensation attorneys can help decide what’s right for you based on your specific case.

Get Help with an Ohio Workers’ Comp Claim Today

The Ohio statute of limitations on workers’ compensation injuries and fatalities shows the intent of the Ohio Legislature is to ignore the needs of the people. We are in a state where the Legislature will do whatever employers and insurance companies want, even at the expense of the health of Ohioans.

Some of the thousands of workers’ compensation cases handled by Plevin & Gallucci attorneys have resulted in substantial six- and seven-figure settlements, from helping a client who became paralyzed after a fall at work to establishing widow’s benefits for a client who lost his life to employment-related cancer. We also have successfully appealed a workers’ compensation denial that initially had been handled by another firm, getting our client compensation for a psychological condition that was caused by his workplace injury.

Our experienced workers’ compensation attorneys are ready to help you with your workers’ compensation needs in Cleveland, Columbus, and Waverly. Contact us at 1-855-4-PLEVIN or fill out our online free case evaluation form today.

See also:

• 10 Myths about Workers’ Compensation in Ohio
• Plevin & Gallucci Injured Worker Case Receives National Attention
• Self-Insured in Ohio? What to Know about Workers’ Compensation