If you’ve been injured at work in Ohio, you may be wondering how long it will take to resolve your workers’ compensation claim and when you can expect to receive a settlement. The reality is that no two cases are exactly alike, and the timeline can vary significantly depending on the specifics of your injury, the complexity of your case, and the involvement of the Bureau of Workers’ Compensation (BWC) or a self-insured employer.
This blog outlines the key stages of the workers’ compensation process in Ohio, the factors that affect timing, and what you can do to avoid unnecessary delays.
The Nature of a Workers’ Compensation Settlement
At the outset, it's important to understand that workers’ compensation settlements in Ohio are voluntary. You cannot be forced to accept a settlement you do not agree with, and your employer or the BWC cannot compel you to close your claim prematurely. Most settlements involve a lump sum payment in exchange for giving up future benefits, including ongoing wage loss and medical treatment related to the injury.
In claims that are older than five years and involve a state-funded employer, the BWC may proceed with settlement approval even if the employer does not consent, giving injured workers additional flexibility.
Key Phases of the Workers’ Compensation Timeline
1. Filing the Initial Claim
- Reporting the injury to your employer is the first step.
- A First Report of Injury (FROI) is then submitted to the BWC with supportive medical.
- The BWC generally renders an initial decision within 28 days of the claim being filed.
2. Addressing Disputes
If your claim is contested or denied, it may be scheduled for a hearing before a District Hearing Officer (DHO), typically within 45 days. From there, further appeals can be taken to a Staff Hearing Officer (SHO) and even into the court system—potentially adding several months or years to the case timeline.
The Settlement Process
While a workers’ compensation claim may be settled at any time, it is most common to pursue settlement once your medical treatment is complete or your condition reaches Maximum Medical Improvement (MMI), as this allows for a more accurate assessment of the claim’s value.
Steps in the Settlement Process:
- Filing the Settlement Application (Form C-240) with the BWC.
- 3–4 months later, a BWC claims specialist will typically present a settlement offer.
- Once both sides agree, an order approving the settlement is issued within approximately 7 days.
- A 30-day waiting period follows during which the settlement can still be withdrawn.
- After that period, your settlement check is issued within 7–10 days.
For straightforward cases, the full settlement process can take about 4 to 6 months. However, in cases involving serious injuries, permanent disability, or large settlements, the process can extend to 12–18 months or more.
Additional Delays and Considerations
- Complex injuries may require independent medical evaluations and extensive documentation.
- If Medicare may be responsible for future treatment, a Medicare Set-Aside (MSA) may be required, adding time but ensuring compliance with federal regulations.
- Self-insured employers may require approvals from additional layers, such as insurance carriers or internal review boards.
- Large settlements might require review by BWC attorneys or special committees, especially if they exceed certain financial thresholds.
What You Can Do to Help Move Your Case Along
While certain elements of the process are outside your control, there are proactive steps you can take to avoid delays:
- Submit complete documentation early, including medical records, wage statements, and accident reports.
- Respond promptly to requests from your attorney, the BWC, or your employer's insurer.
- Stay in close communication with your legal counsel and be transparent about your ongoing medical needs.
Why Legal Guidance is Critical
Navigating the Ohio workers’ compensation system is no small task. Employers and the BWC often have legal teams working to minimize their financial exposure. Having an experienced attorney ensures that your rights are protected and that you pursue all benefits you are entitled to, especially those you might not even be aware of.
At Justice Law Firm, we help injured workers across Ohio understand their rights, navigate the complexities of the claims process, and secure the compensation they deserve. Whether you are just beginning your claim or are ready to discuss settlement, we can provide the guidance and advocacy you need.
Contact Us Today
If you have questions about your workers’ compensation claim or are considering settlement, don’t navigate the process alone. Call the Justice Law Firm at (614) 543-1320 to schedule a free consultation, or we invite you to complete our online contact form at any time. We’re here to help you every step of the way.