You might already know you have one year to file a workers’ comp claim if you’ve been hurt on the job. But did you know that the statute of limitations used to be two years?
In 2017, the Ohio General Assembly finalized a new budget for the Ohio Bureau of Workers’ Compensation (BWC), amending legislation initially designed to protect injured workers’ rights. This amendment shortened the statute of limitations for filing a workers’ compensation claim from two years to just one.
Challenges With the Shorter Statute of Limitations
The General Assembly passed the amendments to House Bill 27 on June 28, 2017, and Governor John Kasich signed the bill into law shortly thereafter. Perhaps the most alarming change for many Ohio workers is the amendment to Ohio Revised Code § 4123.84, shortening the statute of limitations to file for workers’ comp by half.
It may seem obvious that an injured worker should file for a claim immediately after the workplace injury. However, there are various situations where injured workers may miss the one-year deadline through no fault of their own. For example, an employer may maliciously tell an injured employee they have already filed a claim on their behalf when no such claim exists. Another tactic companies might try is to tell injured workers that hiring a local workplace injury lawyer is unnecessary or will cost too much money.
In addition, it’s possible to be hurt and not know it for some time. For example, some musculoskeletal injuries take time to manifest fully. The symptoms might not appear for days, weeks, or even months.
Though some injuries are apparent and reported immediately, other situations require more time to file a workers’ comp claim. All Ohio workers should understand that many Ohio work safety laws benefit employers more than the workers. Such disparities slowly chip away at your rights, even more so when you get hurt or sick on the job.
Your Advocates for Workers’ Compensation Claims
When occupational injury laws seem to work against you, you can count on your local work accident attorneys at Clements, Taylor, Butkovich & Cohen, LPA, Co. They’ll have your back by filing workers’ comp claims for you, collecting evidence and medical documentation, and filing an appeal if you get your claim denied. Our lawyers know workers’ comp law extensively, and they understand the ways employers and lawmakers try to get around it. Contact us today at 513.721.6500 and know you won’t have to fight your battle alone.