When you are injured at work in Ohio, you generally have one (1) year from the date of injury to file a workers’ compensation claim. If an injured worker fails to file a claim within one year, the claim is barred by the statute of limitations and they may not be able to receive workers’ compensation benefits.
If you or a family member have been injured in a work accident, you need a skilled attorney to help you through the workers’ comp process. Cincinnati workers’ compensation attorney Mark L. Newman will help you file your claim within the required timeframe and ensure you the compensation you are entitled to.
Call us at (513) 533-2009 and schedule your free initial case evaluation with Attorney Newman today.
Ohio Injury or Death Claims Statute of Limitations
The time limit within which a claim or lawsuit must be filed is called the statute of limitations. In Ohio, the statute of limitations to file a claim for work-related injuries or wrongful death is one year from the date of injury or death.
Ohio Statute of Limitations for Workers’ Compensation Occupational Disease Claims
An injured worker must also file a claim for an occupational disease within one year after death or one year after the disability resulting from when the disease began. The disability begins on the most recent of the following dates:
- The date the employee first became aware (through medical diagnosis) that they were suffering from an occupationally related disease;
- The date the employee first received medical treatment for such disease;
- The date the employee first quit work due to the disease.
What is the Purpose of the Statute of Limitations?
The purpose of the statute of limitations is to allow the Ohio BWC to investigate the claim while the facts and circumstances of the injury are fresh in the mind of the injured worker and witnesses. It also encourages injured workers to seek medical treatment and report their injuries promptly so the claim can be processed and they can receive compensation and benefits in a timely fashion.
What Happens If I Fail to File My Claim Within the Statute of Limitations?
If you fail to file your claim within one year, you will forfeit your rights to receive medical benefits and compensation for your work injury. In rare circumstances, you might be able to pursue a claim if you can show a valid reason for missing the deadline. However, it is always best to file your claim as soon as possible after your injury to avoid any issues and ensure you receive your lost wages and payment of medical bills for treatment related to your injury.
Exceptions to Ohio’s Workers’ Compensation Statute of Limitations
While the statute of limitations is generally strict, there are a few situations where exceptions may apply:
- Notice of Claim to Employer or Ohio BWC – If you notified your employer of the claim or they paid medical bills for treatment related to the injury, this may extend the statute of limitations.
- Employer Failure to Record and Report – If an employer fails to record and report to the Ohio BWC an injury or occupational disease resulting in seven days or more of total disability within a week of their occurrence or onset.
- Fraud – If the employer fraudulently induces the worker not to file a claim, the statute of limitations could potentially be extended.
For Help With Your Workers’ Compensation Claim, Call Ohio Workers’ Compensation Attorney Mark L. Newman Today
Cincinnati, Ohio workers’ compensation lawyer Mark L. Newman can help you file your claim correctly and within the required time. If you have missed the filing deadline, he might also be able to identify an exception to the statute of limitations and help you file a claim so you receive the compensation you are entitled to.
Mark has over 30 years of experience handling Ohio workers’ compensation claims on behalf of injured workers. If you were injured on the job in Ohio, he will do everything in his power to make sure your rights are protected and you receive the compensation you are entitled to. Call (513) 533-2009 or contact us online to schedule a free consultation today.
