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What are the time limits to file a Workers Compensation Claim?

Generally speaking there is a one year time limit (2017 HB 27)  in which to file a workers' compensation claim. The claim must be filed within one year from the date of the injury. For example, if someone is at work and lifts a box and injures his or her back on October 31, 2014, that person has until October 31, 2015 to file the claim with the Ohio Bureau of Workers' Compensation. There are instances when that time limit can be extended depending on whether a self insured employer had knowledge of an injury and paid benefits to the injured worker when the injury occurred. Those situations can get complicated and need to be discussed with an attorney to see if a claim filed after one year can be deemed timely filed based on the actions of the self insured employer at the time of the injury.

In addition to injuries a worker can contract an occupational disease in the course of his or her employment, like carpal tunnel syndrome, which typically occurs over time. In those situations where an occupational disease occurs, the time limits to file a claim are a little different. In an occupational disease claim the two year time limit begins to run when the occupational disease is diagnosed as being work related, or when the occupational disease causes disability from work whichever is later. For example, if someone has been at a job for two years and begins to experience numbness and tingling in his or her hands, and goes to a doctor a year later and is diagnosed with carpal tunnel syndrome, and the doctor at that time relates it to the work activities, that person has two years from the date the condition is diagnosed as being work related to file the claim. So although the symptoms of the carpal tunnel syndrome began three years ago, the claim will be timely filed if it is filed within two years from the work related diagnosis. A diagnosis of the occupational disease is not enough to start the time limit it must be diagnosed as being work related.

The time limits to file a workers' compensation claim can be tricky so it is important that you contact an attorney who is experienced in workers' compensation law if you have any questions. The Ohio workers comp attorneys at Nager, Romaine, & Schneiberg Co., L.P.A (NR&S) can answer any questions you may have. Call (855)GOT-HURT or fill our our contact form and we will be in touch.

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