Columbus Worker’s Compensation Lawyer James Monast Explains How the Statute of Limitations Affects Your Claim
In Ohio, injured workers must be aware of two critical deadlines when filing a workers' compensation claim. The first deadline is for reporting your injury to your employer. Notify your employer immediately after a workplace accident or after discovering a work-related illness.
The second and more critical deadline is the statute of limitations for filing a workers' compensation claim with the Ohio Bureau of Workers' Compensation (BWC). In most cases, you have one year from the date of injury or illness to file your claim. Experienced workers’ comp lawyer James Monast can ensure your claim is filed correctly and within the required timeframe.
The Purpose of Ohio’s Statute of Limitations for Workers' Compensation Claims
The statute of limitations serves several important purposes in the workers' compensation system:
- Timely investigation. It allows for a prompt and thorough investigation of the claim while evidence is still fresh and witnesses' memories are clear.
- Efficient processing. It helps ensure that claims are processed efficiently, allowing injured workers to receive benefits quickly.
- Fairness to employers. It protects employers from having to defend against claims for injuries that occurred many years in the past.
- Encourages prompt medical care. It motivates injured workers to seek medical attention and report their injuries promptly, which can lead to better health outcomes.
While these time limits may seem restrictive, they are designed to balance the needs of injured workers with the practical considerations of effectively administering the workers' compensation system.
What Happens if I Miss the Filing Deadline for My Workers' Comp Claim?
Missing the statute of limitations for your Ohio workers' compensation claim can have serious consequences. If you fail to file your claim within the deadline, you typically lose your right to receive benefits. The BWC will probably dismiss your claim, leaving you without access to medical benefits, wage replacement, or other compensation you might otherwise be entitled to.
In some cases, you may still be able to pursue a claim if you can demonstrate a valid reason for the delay. However, these exceptions are rare and difficult to prove. It's always best to file your claim as soon as possible after your injury or illness to avoid potential issues with the statute of limitations.
If you've missed the deadline, consulting with an experienced Columbus workers' compensation attorney is crucial. They may be able to identify potential exceptions or alternative strategies to help you seek compensation for your work-related injury or illness.
Exceptions to Ohio's Workers' Compensation Statute of Limitations
While the statute of limitations is generally strict, there are a few situations where exceptions may apply:
- Continuing treatment. Sometimes, if the employer has paid medical benefits or wages instead of compensation, this may extend the statute of limitations.
- Employer failure to record and report. An employer's failure to record and report to the Commission all injuries and occupational diseases resulting in seven days or more of total disability within a week of their occurrence or onset.
- Fraud. If the employer fraudulently induces the worker not to file a claim, the statute of limitations could potentially be extended.
- Claims arising from an emergency or disaster. These must be publicly declared by the Governor or President of the United States.
Other than statutorily prescribed tolling events, the only event that has been held to have tolled the running of the statute has been World War I.
For occupational diseases or deaths due to occupational diseases occurring on or after September 28, 2021, Ohio law provides specific guidelines. For example, a claimant must file a notice of injury or death due to an occupational disease within one year after death or one year from the most recent of the following dates (all occurring before the statute of limitations begins to run):
- The date the employee first became aware, through medical diagnosis, that they are suffering from an occupationally related disease
- The date the employee first received medical treatment for such disease
- The date the employee first quit work due to the disease
- For a period beyond the one-year requirement but within six months after the diagnosis date of the disease, as occupationally related by a licensed physician
How Our Columbus Workers' Compensation Attorney Can Help
Our experienced Columbus workers' compensation attorney, James Monast, can provide invaluable assistance. He can ensure your claim is filed correctly and within the required timeframe. If you've missed the deadline, he may be able to identify potential exceptions that could allow your claim to proceed.
Don't let the statute of limitations jeopardize your right to workers' compensation benefits. If you've been injured on the job in Ohio, time is of the essence. Monast Law Office is here to guide you and ensure your rights are protected.
