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Michael J. Duber and Brandon T. Duber

How much time after an injury can you file for workers’ compensation in Ohio?

Jun 16, 2020 |

The time after a work-related injury, or statute of limitations, varies from state to state. Sometimes, employers inaccurately tell injured employees that since they did not report their injury when it occurred, they cannot file for a claim. Some states require employees to notify their employer of an injury with a specific time frame, like 30 days for example. This is not true in Ohio, though. Let’s take a deeper look into Ohio’s statute of limitations for workers’ compensation claims, how it can vary depending on the type of injury and whether you can file if you are no longer employed at the job where it happened.

Ohio Statute of Limitations for Workers’ Compensation

If you are injured in an accident at work, you have up to 1 year to file a claim with the Ohio Bureau of Workers’ Compensation. Generally speaking, you should have a decision regarding your claim within 28 days from the filing date. Employees filing claims that include occupational diseases may have a longer time to file, depending on certain circumstances. The statute of limitations for occupational diseases is 2 years from when the disability began. The date for the onset of the disability depends on medical records, symptoms, and doctors’ notes. Sometimes in these situations, an employee may only have a short time to file a claim if the onset of the occupational disease is approaching the 2-year mark. Violations for specific safety requirements (VSSR) also have a 2-year statute of limitation.

Can Employees File Workers’ Compensation Claims from Previous Employers?

If an injury happened less than a year prior, an employee could still file a claim even if they are no longer employed by the company they were working for when that injury occurred. For example, if an employee was injured in the workplace, then fired or let go a short time after, they still have a year from the date of injury to file a claim with the BWC. One thing to remember in these situations is the further removed from the date of the injury a claim is filed, the more difficult it can be to show a causal connection between the injury and the work incident. This means that the employee filing the claim must have solid proof consisting of medical records and doctor’s notes for the claim to be approved.

Can Employees Receive Monetary Compensation for an Old Work Injury?

If you were previously injured at work and a claim was filed and approved, that claim will remain open for 5 years from the last paid medical or indemnity on the claim – which means unless the claim is settled, it will automatically remain open for at least five years, and likely longer. If you have an approved claim, but never received any monetary compensation, including a permanent partial disability award, our attorneys likely will be able help you receive the monetary compensation that you should have received a while ago on your old claim.

How Can an Employee Improve Their Chances of Approval?

The best action an employee can take is to work with a reputable attorney as soon after the injury as possible. The attorneys here at Bentoff & Duber have decades of experience with workers’ compensation claims and have helped thousands of injured employees get the compensation they deserve.

If you were previously injured at the workplace or at a former job, you still may be entitled to workers’ compensation benefits. Call our office today to set up an appointment to review your situation. We are here to help.