By Grace Szubski
The legal term “statute of limitations” has significance in an Ohio workers’ compensation claim. In simple terms it means a “deadline” for taking some sort of action for or with a claim. Here are some significant deadlines:
DEADLINE TO FILE A CLAIM
First, there is the statute of limitations for filing a claim with the Ohio BWC. An injured worker has TWO years from the date of an accident at work to file a claim with the Ohio BWC. An injured worker has TWO years from a date of diagnosis of an occupational disease to also file claim. There are some nuances to filing deadlines for occupational disease claims, but this is the general rule. Your attorney can provide further guidance on filing dates for an occupational disease. The point, however, is that a claim must be timely filed timely or an injured worker is barred from pursuing the claim. The burden for filing a claim is on the injured worker.
Also, all body parts must be alleged within two years. Otherwise, an injured worker is precluded from amending the allowance of a claim for body parts not alleged within that time frame. This is why it is important to be precise in listing the conditions and body parts that are alleged on an application for a new claim. It is also important to tell the doctor, urgent care facility or emergency room exactly how an accident happened and what you hurt.
DEADLINE TO SUBMIT MEDICAL BILLS FOR PAYMENT
Second, there is a ONE year statute of limitation for filing a medical bill for payment. This means one year from the date of the medical service. The bill must be submitted for payment within that time frame to either the Ohio BWC/Managed Care Organization (MCO) or the self -insured employer’s representative. Make sure your medical provider has the claim number and contact information to submit any bills in a timely manner.
DEADLINE FOR CLAIM TO EXPIRE
Third, an Ohio workers’ compensation claim expires if there is no activity after a certain period of time. The expiration date can be FIVE years or TEN years from the last date a medical bill or compensation is paid in the claim. The date of accident or diagnosis of an occupational disease determines whether the claim has a five year or ten statute of limitation. Your attorney can give you further guidance on the applicable date.
There are other statute dates to consider and be aware of in an Ohio workers’ compensation claim. This is an overview of the more important and universal dates for consideration in a claim.