Understanding the legal deadlines for filing a workers’ compensation claim is essential to preserving your right to benefits under Ohio law. These deadlines, known as statutes of limitations, vary based on the type of claim—whether it involves a workplace injury, an occupational disease, or a death resulting from either.
Workplace Injuries – One-Year Deadline
If you suffer an injury in the course of your employment, you must file a workers’ compensation claim within one year from the date of the injury. This rule also applies to claims arising from a death caused by such an injury, provided the death occurred on or after September 29, 2017. This one-year deadline is strict. If you fail to file your claim within this period, it may be forever barred, regardless of how serious your injury is or whether your employer was at fault.
Occupational Disease Claims – One Year, With Limited Extension
Claims involving occupational diseases—such as illnesses caused by exposure to harmful substances or repetitive stress conditions—have their own timelines. The law distinguishes between claims based on the date of disability caused by the disease.
- For diseases with a date of disability on or after September 28, 2021, the claim must be filed within one year from the date the disability began.
- Important Extension: If a licensed physician diagnoses the disease as work-related, the deadline to file may be extended to six months after the diagnosis, but only if this results in a later date than the original one-year period. This extension is not automatic and does not replace the one-year deadline—it only lengthens it if applicable.
- For diseases with a date of disability before September 28, 2021, the statute of limitations is two years, with the same potential six-month extension for occupational diagnosis by a physician.
These timelines reflect the legal recognition that occupational diseases may not present symptoms or be diagnosed immediately, and flexibility is provided where justified by medical confirmation.
Death Due to Occupational Disease
Claims for death benefits due to occupational disease are also governed by these timelines:
- If the disease occurred before September 28, 2021: the claim must be filed within two years of the death.
- If the disease occurred on or after September 28, 2021: the claim must be filed within one year of the death.
Why Prompt Filing Is Critical
Waiting too long to file a claim can permanently forfeit your right to compensation for medical expenses, wage loss, and other benefits. Delays can also complicate the evidentiary record and create challenges in linking your injury or illness to your employment.
Prompt legal guidance is especially important in occupational disease cases, where calculating the correct filing deadline often requires analyzing multiple dates, including when symptoms began, when treatment was received, and when the diagnosis occurred.
Contact The Justice Law Firm
If you’ve been injured at work or developed an illness due to your job, don’t delay. The laws governing workers’ compensation in Ohio are strict, and timely filing is essential to protect your rights. At The Justice Law Firm, we are dedicated to helping Ohio workers understand their legal options and obtain the benefits they deserve.
If you have questions about your workers’ compensation benefits, we encourage you to contact The Justice Law Firm today to learn more about how we can help. We welcome your call at 614-543-1320, or you may complete our online contact form at any time.