Last updated on August 2nd, 2023
Workers’ compensation is one of the three most popular personal injury claims filed in Ohio, with nearly 100,000 claims filed each year. Construction sites are some of the most dangerous of workplaces, but injuries can happen anywhere — even right at your desk.
Here’s what you need to know about Ohio workers’ compensation, plus how to file a claim or lawsuit for workers’ compensation. Our experienced workers’ compensation attorneys can help you every step of the way, including if your claim is denied.
Up until a handful of years ago, the time to file an Ohio workers’ compensation claim with the state-run Bureau of Workers’ Compensation (BWC) was two years. That’s called the statute of limitations, which was reduced to one year through an amendment to the BWC’s two-year fiscal budget. Anyone seeking compensation or benefits after the death of a loved one from a work-related injury also must file a claim within a year.
But why?
Some supporters say the reduced time limit won’t make much of a difference, as many workers’ comp claims are filed within a year already (and 19 other states have a one-year statute of limitations for workers’ comp on the books). Reducing the time to file also will help cycle out old claims from the system that may be difficult to prove or disprove because of how much time has passed.
However, Ohio makes workers’ compensation claims more difficult than many other states by limiting the ability of an injured worker to collect damages because of its workers’ compensation fund. The BWC also doesn’t allow injured workers to recover pain and suffering damages; it only covers medical costs, lost wages, and settlements for permanent disabilities.
Because of the new statute of limitations, it’s imperative that injured workers learn about their rights under Ohio law much more quickly. If you receive workers’ compensation, you give up the right to sue.
So, how do you know which path you should choose? First, you’ll want to know some of the basics of an Ohio worker’s compensation claim.
When you become injured or ill, you’ll tell your employer and the BWC; when you file a claim, you’ll fill out a report about your injury specifics. You then must file this claim within one year from the date of being injured or ill, or you lose your right to file a claim. You may need medical records or other documentation of your injury, so make sure to take detailed notes.
After filing a claim, the BWC will respond within 28 days to allow or deny it. Your compensation information will be enclosed if your claim is allowed. If it’s denied, our experienced workers’ compensation attorneys may be able to help. You’ll have 14 days to file an appeal if it’s denied.
That depends. Remember, a workers’ compensation claim will only cover your medical costs — the emergency room visit and follow-up appointments, for example — along with lost wages from being unable to work. However, if you only miss seven days of work, you won’t see any of that money.
Your compensation for lost wages varies depending on how long you were out and your injuries. If you are classified as having a temporary total disability, you’ll be able to get 2/3 of your weekly wages compensated until you’re well enough to get back to work. If you have a permanent partial disability, you’ll also be able to receive 2/3 of your weekly wages, but only for a set number of weeks based on the percentage of your disability.
Only you and your attorney will be able to answer that question. Sometimes, your workers’ compensation claim doesn’t go the way you think it should. Maybe your employer tries to get you to return to work right away, or you get less money to pay for your bills than you deserve.
Every workers’ compensation claim will have a lawyer on the side of your employer reviewing how best to respond to your claim. Workers’ compensation paperwork can be complicated, and denials happen far too often for incredibly minor reasons.
Make sure you have a competent attorney working with you to ensure you get everything you need in a workers’ compensation case, whether that’s help filing a claim or even taking it to court. We fight on behalf of injured workers’ rights in not only Ohio but Indiana and Kentucky, as well.
Contact us today for a free case review.
After an accident, and being inundated with offers from out-of-town lawyers, I called DGMS, and I am glad I did. They took over and I received a maximum payout very quickly after all the medical was done. Especially, Amy K. who always took my calls, and answered all my questions promptly. Thanks Amy K.
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
I am glad I chose DGMS for my personal injury case ! Sometimes I would call for update’s multiple times and yet they were patient and understanding. Crystal has done a phenomenal job thus far. Mr. Dominic Z. has done an awesome job as well with follow-up emails and ensuring we get the best results. I look forward to the end result as they are determined to get the best.
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