Occupational disease claims can be tricky. One consideration is the statute of limitations date for filing a workers comp occupational disease claim under Ohio law. Statute of limitations means the period that allows a claimant to file a workers’ compensation claim in a timely manner. For work injuries the statute of limitations date is easy to determine. An injured worker has two years from the date of the accident that caused the injury to file a claim. For an occupational disease claim, the statute of limitations date is more complex. Most occupational diseases have a latency period, i.e. the disease is not evident until a significant period of time has lapsed after the disease is contracted or the exposure takes place. Therefore, a start date is more difficult to determine.
In general terms, an occupational disease is contracted in the course of employment. The disease is peculiar or unique to the job. The work exposure creates a greater risk to the worker than the general public. Ohio law allows a timely filing of an occupational disease claim based on the date of diagnosis, the date of disability from the disease and/or the date of death due to the disease. The start of the date of disability due to an occupational disease is also based on multiple factors.
If you think you may have an occupational disease, please contact one of the attorneys at our office to review the facts. The sooner, the better as it often takes time to secure records and reports from treating doctors which are key to pursuing such a claim.