Injured workers in Ohio must file their claim within two years

Under Ohio law, workers who are injured in the course and scope of employment need to file their workers' compensation claim applications within two years.

2013-02-16

February 16, 2013 (Press-News.org) Injured workers in Ohio must file their claim within two years

Article provided by The Bainbridge Firm LLC
Visit us at http://www.bainbridgefirm.com

Under Ohio law, workers who are injured or who have contracted "an occupational disease in the course and scope of employment" need to file their workers' compensation claim applications within two years. This time limit is called a statute of limitations.

If workers exceed this time frame, they are barred forever from receiving compensation for the injury from Ohio workers' compensation insurance. Permanently disabled employees may still be eligible for federal Social Security benefits, but it is much harder to get federal Social Security benefits than to receive compensation from Ohio workers' compensation insurance because more requirements must be met to qualify for Social Security benefits.

Types of Ohio workers' compensation

Ohio workers' compensation insurance provides a variety of types of compensation for injured workers and their families. Some of the things for which an injured person may receive money include:

o Replacement income for wage loss

o Medical treatment and prescription drugs

o Vocational rehabilitation

o Compensation for permanent injuries and impairment

o Death claims

o Lump sum settlement or advancement

Workers who receive wage replacement benefits do not have to pay income tax on those benefits.

When does the two-year time limit start to run?

According to the Ohio Bureau of Workers' Compensation, injured workers and their families will be barred from receiving benefits if they fail to file workers' compensation claims before the two-year time limit runs out. To meet the requirements of the statute of limitations, workers need to file all claim applications within two years from the date of injury.

If the injured workers have an occupational disease claim, they need to file claim applications within two years from the date when the disability began or six months after a licensed physician has diagnosed the occupational disease. For death claims, a dependent of the killed worker needs to file claim applications within two years from the date of death. If the Ohio Bureau of Workers' Compensation dismissed the claim application and it is filed again, the new filing date will not change the statute of limitations.

What should I do if I was injured at work?

Even if a worker is unsure of the extent of his or her injuries or occupational disease, it is important that he or she see a licensed physician and files a workers' compensation claim early enough. If a worker does not file his or her claim within the time limit, he or she will not get compensation.

A workers' compensation attorney can help with issues like medical benefits, settling a claim and disability compensation and benefits. The time spent recovering from an injury can be difficult for an injured worker and workers' compensation benefits are extremely important for the employee who is hurt and his or her families. If you are injured or have contracted an occupational disease, or if you are a survivor of a killed worker, contact an attorney with experience in workers' compensation law as soon as possible.

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