Garson Johnson Law Blog

How long do you have to file a workman's comp case in Ohio?

PictureIf you Google this question today, you will find many websites with the INCORRECT answer! Why? Because the law has recently changed and if you are an injured worker, it has not changed in your favor.

As of September 29, 2017, an injured worker in Ohio only has 1 year from the date of injury to file a workers' compensation claim with your employer or the Ohio Bureau of Workers' Compensation.

Yes! Only 1 year! Think about how quickly time flies. Don't hesitate. File a claim as soon as possible.

Maybe you've been injured on the job. You don't file a claim right away because:

  • You don't think the injury is severe enough.
  • You want to wait and see if your employer or insurance will pay for everything.
  • You fear retaliation if you file a claim.
  • You think the injury will be denied because it was your fault.
  • You don't want people to think you are "working the system."

Whatever your thoughts, fears or pre-conceived ideas about workers' compensation, know the Ohio BWC was created to provide medical and compensation benefits for work-related injuries, diseases and deaths. Your employer pays workers' comp insurance to the Ohio BWC or has opted to be self-funded to cover these costs.

In nearly every situation, it is to your benefit to file a workers' compensation.

  • If you think an injury is not severe now, understand you may have future complications. If you don't file a claim within the 12 months, you will have no remedy through the workers' comp system in the future.
  • Waiting to see how your employer will respond may  take longer than the 12 month statute of limitation making it too late to file a claim. Most health insurance companies ask if your injury was work related. Your medical coverage will seek reimbursement from the workers compensation insurance. If you don't file a claim, it may create payment issues with your medical insurance.
  • It is illegal for an Ohio employer to fire you for just filing a workers compensation claim. This area of the law does get tricky, but as the employee, you have the right to file a claim.
  • Ohio is a no-fault system. You do not have to prove your injury was your employers fault. Almost any injured worker is entitled to workers comp benefits. In exchange, Ohio workers do not have the right to sue their employers for the workers comp claim.
  • You hear or see people who are "working the system." You think "I'm not like that." Listen. The workers' comp system is in place to pay for medical and compensation due to the injury. Are there people who take advantage of that process? Sure. But those are truly the small minority of people. You know the saying "a few rotten apples spoil the whole bunch." Hundreds of thousands of dedicated, hardworking people get injured. They legitimately use the process to pay for medical and supplement lost income to transition from their injury to returning to work. Don't let an over-sensationalized stereotype keep a reliable, hardworking and honest person like you to get the benefits you deserve.

Were you injured? Don't hesitate. Here are your steps:

  • Notify your Employer
  • Seek Medical Attention
  • Visit Ohio BWC website to complete a First Report of Injury
  • Contact Witnesses
  • Call Garson Jonson LLC (216) 696-9330 as soon as possible for a free consultation
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Thanks to the hard working men and women of Ohio for allowing us to serve you. The workers comp system is very challenging. By no choice of their own, workers find themselves injured, off work, and desperate for answers and treatment. We are honored to focus on our clients not just their legal case. The best complement we receive is a referral from existing clients. The second best is their words of thanks and appreciation.

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