Workers’ Compensation Statute of Limitations

If you were hurt while working or developed an occupational-related medical condition because of your years of service, then you may have the right to receive workers’ compensation benefits. The purpose of Ohio’s workers’ compensation system is to ensure employees like you receive necessary medical care and assistance with lost wages. To learn more about filing a workers’ compensation claim, contact our certified workers’ compensation specialist attorneys Victor Kademenos and Adrienne Hines of Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA at (419) 625-7770.

What is a Statute of Limitations?

A statute of limitations is a deadline for filing a legal claim. You have a certain period of time, as defined by law, to file your legal claim or lawsuit. Once the deadline has passed, you no longer have the right to file a claim and seek compensation. If you file a claim too late, it will be dismissed or denied.

Statute of Limitations on Workers’ Compensation Claims

You have one year from the date of your injury or learning of a work-related condition to file a workers’ compensation claim for benefits. The clock begins to run the day you are injured, or if your injury was hidden, the day you discovered you were injured. If you were obviously hurt in an accident while working, then the time you have to file a workers’ compensation claim begins the day of the accident. If you were diagnosed with an occupational disease, then you have up to two years after the date the disability began or six months after a licensed doctor diagnosed you with the condition to file a claim.

Adding Additional Injuries to Your Claim

There is also a statute of limitations on adding additional injuries or diagnosed conditions to an already approved workers’ compensation claim. If you determined after your claim is approved that you suffered additional injuries from an accident or you have been diagnosed with another condition, speak with an Ohio workers’ compensation attorney to be sure you can add this to your claim and receive additional benefits.

Statute of Limitations on Workers’ Compensation Reviews

You may discover after filing a claim and receiving benefits for a period of time that there is a problem and you may not be receiving all of the benefits to which you are entitled. In this case, you will need to request an audit or review of your workers’ compensation claim. However, there are time limits for this type of request as well based on the date of your injury or disability and the type of claim you filed.

For medical-only claims with a date of injury after Dec. 11, 1967, and before Aug. 25, 2006, you have six years from the last medical payment or six years from the date of injury in the absence of medical benefit payments or wages in lieu of compensation to request an audit. For medical-only claims after Aug. 25, 2006, you have five years from the date of your last medical bill payment or, absent medical benefit payments or wages in lieu of compensation, five years from the date of injury.

If you believe your workers’ compensation claim should be reviewed, but it has been a few years, contact the certified workers’ compensation lawyers Victor Kademenos and Adrienne Hines of Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA at (419) 625-7770 today. We can review your type of claim and the relevant dates to determine if a review is possible.

You Should Apply for Workers’ Compensation Benefits as Soon as Possible

If you are injured at work or your doctor diagnoses you with a work-related injury like Carpal Tunnel Syndrome (CTS), then you should contact a certified workers’ compensation attorney. By working with a skilled lawyer as soon as possible, you can ensure the First Report of Injury (FROI) form is filled out by your employer right away, ensuring you obtain a claim number and get starting on receiving benefits.

While you have up to one year to file a claim, it is rarely in your best interest to wait. Once you know you are hurt or sick, you should consider the workers’ compensation system, speak with an attorney, and figure out your next best steps. By filing your application as soon as possible, the medical information and documentation are recent. Your physician is more likely to be helpful than if you ask them to fill out paperwork months or more than a year down the road.

Additionally, you want to start the claim process as soon as possible so that you do not miss out on benefits when you need them. The longer you wait to file, the longer you go without your medical expenses being covered or without receiving lost wages compensation.

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