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Is there a statute of limitations for workers’ comp claims?

On Behalf of | Jan 23, 2023 | Workers' Compensation

In many personal injury cases, there is a statute of limitations that must be considered when determining when to file that case. Waiting too long can exceed this deadline and mean that a case can no longer be started, regardless of the evidence within that case or if it would have been successful.

But workers’ comp revolves around injuries that happen on the job, so it is a bit different than a standard personal injury claim. Is there still a statute of limitations that you need to be aware of, or that your family needs to know about if they are filing on your behalf?

You have one year to act

There is a statute of limitations for workers’ comp, and the Ohio state government puts it as follows: “A claimant must file a notice of injury or death with BWC or the Ohio Industrial Commission (IC) within one year of the injury or death.”

Generally speaking, it is considered a best practice to inform your boss or supervisor immediately upon injury. A worker who slips and falls and needs to go to the hospital will probably follow this practice very naturally.

But there are also cases that can take quite a lot longer and where the full ramifications may not be as obvious right away. These could include situations where exposure to hazardous materials leads to illness or even internal injuries, for example.

As soon as someone knows about these injuries, or should know about them, the statute of limitations comes into play. Be sure you know exactly what legal steps to take and when to do so.