In Ohio, the general statute of limitations for workers’ comp claims is one year from the date of injury. If the person passed away, family members have one year from their death to make a claim.
Even if an injured worker has a valid claim, if they exceed this deadline, they may not be able to file. This is why it is important to move quickly after being injured on the job.
That being said, it is generally recommended that you report a workplace injury to your employer as soon as possible. It may be readily apparent, such as if you need emergency treatment and transportation to the hospital. But even if it is not, try to make this report as quickly as you can and get the process underway.
Occupational disease cases
There are a few different rules when it comes to occupational disease. For any claims that occur on or after September 28, 2021, the statute of limitations is still one year. But exactly when that clock starts can be a bit more complicated.
If they have an occupational disease, a worker has one year from the most recent of the following:
- The date they became aware of the disease and got an appropriate medical diagnosis
- The date that they received treatment for that occupational disease
- The date on which they left their job because the disease made it impossible for them to work
In some cases, the individual may qualify, even if they are beyond the one-year requirement, as long as they file within six months of a licensed physician diagnosing it as work-related.
Occupational diseases are especially complex cases because the full impact of the disease may not become readily apparent. An example could be if someone suffers exposure to asbestos on the job and later develops mesothelioma. There is a latency period of years or even decades before the cancer develops, so it takes time for them to know they have an occupational disease in the first place.
If you are involved in one of these complicated cases, it can be very helpful to work with an experienced attorney who understands the intricacies of workers’ compensation laws in Ohio.