Urgency is key when filing for worker’s compensation for a job-related injury. If you work in Ohio and incur illness or injury while performing your job, you have one year from the date of the injury or untimely death to file a claim with the Ohio Bureau of Workers’ Compensation (BWC).
Remember that the statute of limitations was shortened from two years to one year in 2017 when the Ohio General Assembly passed House Bill 21. Fortunately, you don’t need to burden yourself with all the latest legal updates regarding work injury compensation. Hiring a personal injury attorney who focuses on workers’ comp cases means you don’t have to navigate the process alone.
When Does the One-Year Statute of Limitations Start?
Regarding the statute of limitations, the clock starts on the day you know about the injury, illness, or wrongful death. If one year passes before you file your workers’ comp claim, you give up your right to receive benefits, even if you have a legitimate case. In rare circumstances, you may still be able to collect benefits if you show a good reason for missing the deadline.
There are other exceptions to the one-year statute of limitation. You may get an extension to the deadline if
- Your employer fails to notify the Ohio BWC of your injury or disease, resulting in at least seven days of total disability within one week of onset
- You notified your employer or the Ohio BWC of your injury, or you received payment for your related medical bills
- Your employer deceptively prevents you from or persuades you not to file a workers’ comp claim
Provisions for Disability and Occupational Disease Claims
If a disability has developed due to injury or exposure to an occupational illness, a worker or survivor has up to one year after death or from when the disability began. More specifically, the disability is documented as first occurring on one of the following dates, whichever is the most recent:
- The date you become aware, typically with a medical diagnosis, of the work-related disease
- The date you first receive medical care for the disease
- The date you cease work because of the disease
Get Help from a Cincinnati Workers’ Comp Attorney
Staying on top of deadlines and navigating other aspects of workers’ compensation can be stressful and overwhelming. A local workplace injury expert from Clements, Taylor, Butkovich & Cohen, LPA, Co., can explain every step in the process. They’ll also file your paperwork on time and ensure you are within the statute of limitations. Contact us today to learn the benefits of legal representation when pursuing the compensation you need.