You may associate workers’ compensation with immediate injuries that employees sustain while on the job, such as a fall or a lifting injury. Those types of injuries are easy to trace back to an exact moment and place, so it’s clearer to employees in those situations when to file a claim, but what about work-related injuries or diseases that creep up later in life?
Statute Before Filing A Claim
When filing a workers’ compensation claim, it’s important to be familiar with the statute of limitations, or designated period of time a legal claim can be filed within, in your state. Generally in Ohio, you have two years from the date of injury to file a claim. However, there are certain exceptions to the rule.
One of these exceptions is for occupational diseases such as coal worker’s pneumoconiosis (also known as black lung disease) that arise over a lengthy period of time. For these cases, the statute of limitations is six months from the date the disease was diagnosed as work-related or one year from the date you were fully disabled from the injury, whichever one is longer.
Another exception is for self-insured employers, who can pay employee’s medical bills without filing a claim, which makes the statue different in those cases.
There are many more exceptions to the rules regarding statute of limitations, so it’s highly advisable you contact Bentoff & Duber to discuss your situation.
Statute Once Claim is Filed
Once the claim is filed, there is a five-year statute of limitations from the date the claim is filed. This could be considered a “rolling” statute of limitations because it is five years from the last date that the employer pays any compensation. This can be extended if there are payments made in your claim or other awards paid after the original date of injury.
We hope this helps clarify the Ohio statute of limitations for workers’ compensation cases, but if you’ve been hurt at work, you should contact an experienced lawyer to help you navigate through the different rules and laws surrounding your claim.
About the author: Brandon Duber, a Partner with Bentoff & Duber Co., LPA, is a lawyer with proven experience in the courtroom and expertise in the areas of workers’ compensation, criminal defense, personal injury and medical malpractice law. He received his B.A. from Skidmore College in Saratoga Springs, NY and his J.D. from The Case Western Reserve University School of Law in Cleveland, OH.