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How long do you have to file a workers' compensation claim?

There are many different types of injuries that can be sustained from working in a variety of industries.

For example, those in the factory or warehouse industries may suffer a back injury from heavy lifting. Those in the construction industry may contract an occupational disease due to exposure to hazardous materials. Cumulative trauma injuries like carpal tunnel may develop for those engaged in office work. For these types of injuries, workers' compensation may be able to provide some financial help for those unable to work.

However, certain rules apply to the filing process, and there is a time component. The Ohio Administrative Code provides the time limitations for all types of workers' compensation claims filed in Ohio. All claims must be filed with the Ohio Bureau of Workers' Compensation, which will issue a decision within 28 days of filing.

In the case of an injury, workers must file a claim with the BWC within two years from the date the injury occurred. A claim for occupational disease must be filed within six months after the illness was diagnosed. Disability claims must be filed within two years of the date of disability; this date depends on a number of different circumstances.

There are also other considerations when filing a workers' compensation claim such as when to notify one's employer and the calculation of average weekly wages - the basis for wage benefits paid in Ohio.

Workers' compensation can help provide the medical and wage benefits necessary while treating or recovering from a workplace injury, disability or occupational disease. Each state has its own statute of limitations that dictates how long one has to file a claim for workers' compensation.

Many people suffer from workplace injuries. For those who are currently struggling to recover and have spent time away from work, understanding how to seek benefits - and the rules that may limit successful claims - is important to ensuring you are able to obtain compensation.

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Philip J. Fulton Law OfficeRepresenting Victims Of Workplace Injuries And Disability

89 East Nationwide Boulevard
Suite 300
Columbus, OH 43215

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Phone: 614-929-3126
Fax: 614-224-3933
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