If you have been injured on the job, you may be entitled to workers’ compensation benefits to cover your medical expenses and a portion of your lost wages—assuming you meet the filing deadlines.
The Ohio Bureau of Workers’ Compensation (BWC) gives injured workers one year from the date of the injury to file a workers’ compensation claim.
If you miss any of these deadlines, you may lose your right to receive benefits. That is why it is important to contact an experienced Ohio workers’ compensation lawyer as soon as possible after a work-related injury. An experienced legal advocate can begin the filing process immediately and help maximize your chances of receiving full benefits.
Workers’ Comp Benefits Protect Workers
Workers’ compensation is a type of insurance employers are required to purchase for their employees. This insurance helps employees who are injured on the job or suffer from a work-related illness. Each state operates its own workers’ compensation program, meaning the amount of benefits and the filing procedures vary from state to state.
Filing for benefits involves two steps, each with its own deadline. First, you should notify your employer of the injury. Second, a workers’ compensation claim must be filed to secure medical coverage and partial wage replacement. Both deadlines are important, as missing them may disqualify you from receiving coverage.
Reporting a Work Injury to the Employer
Employees and employers both play a role in the workers’ compensation process. Workers’ compensation insurance is designed to cover losses caused by a workplace injury, including medical expenses and part of your lost wages. Employers, meanwhile, are responsible for purchasing the insurance and maintaining a safe workplace.
Because of this, you have a duty to notify your employer of a workplace injury. This notice gives your employer an opportunity to investigate the incident and correct any unsafe conditions that could injure others.
Almost all states have a specific time period within which you must report the injury. These deadlines vary, but most states require reporting within 7 to 90 days after the injury occurs.
Some states—including Ohio—do not impose a strict deadline. Instead, the law requires employees to notify employers as soon as possible. A few states provide longer “discovery” periods for occupational illnesses.
Although written notice is not required in most cases, it is still a good idea. Written notice creates proof that you reported the injury, while oral notice can lead to disputes. You should ask your employer for written acknowledgment that the injury was reported.
Filing a State Workers’ Comp Claim
The second step in the workers’ compensation process is filing the claim itself. In some states, filing the claim is your responsibility. In others, the employer files the claim on your behalf.
Either way, there is a deadline to file. You should review your state’s laws because the filing period varies. In general, deadlines range from one to three years after the injury. Ohio, for example, allows one year. If you or your employer miss the deadline, you may lose the right to pursue benefits.
Are there exceptions to these deadlines? Most state laws recognize limited exceptions. Common examples include cases involving a coma, severe injuries requiring surgery or extensive treatment, or potentially contagious injuries requiring quarantine.
Filing a Federal Workers’ Comp Claim
Federal workers are subject to different filing rules. In most cases, you have three years from the date of the injury to file a workers’ compensation claim.
Even if you miss the three-year filing deadline, your claim may still be allowed under certain circumstances. For example, compensation may still be paid if you gave written notice of the injury within 30 days or your employer had actual knowledge of the injury within 30 days.
Contact Our Cleveland Workers’ Compensation Attorneys
The Cleveland law firm of Nurenberg, Paris, Heller & McCarthy has experience representing injured Ohio residents in workers’ compensation cases. We believe every person has the right to work in a safe environment and receive fair compensation for their injuries.
If you were injured on the job anywhere in Ohio, our workplace injury lawyers are ready to help you pursue all available benefits. Contact the experienced Cleveland workers’ compensation attorneys at our law firm today.
