BWC Claim Deadlines

No matter what the injury, each claim at BWC goes through certain steps to determine compensation.

Once you have reported an injury and filed a claim application for Ohio Workers’ Compensation benefits with the OhioBWC:

In an Ohio Workers’ Compensation case, there is a two (2) year statute of limitations within which you must file your claim, or be forever time barred. Under no circumstances should any injured worker wait two (2) years to report an injury or file a claim.

Additionally, there is a two (2) year statute of limitations regarding the addition of new body diagnoses/conditions even if you underlying claim is allowed. For example, your claim is allowed for a sprain neck. You also hurt your back, but did not put it on your initial BWC claim application. If you wait more than two (2) years from the injury date, you will be barred from seeking inclusion of the back injury into the BWC claim.

There are other time limitations depending on whether you are bringing an injury claim or an occupational disease claim. You should consult an attorney who practices workers’ compensation law if you have any questions concerning the statute of limitations for your claim.

Remember – the sooner you file your claim, the more likely you are to succeed in its allowance. You should obtain the services of a Certified Workers’ Compensation Specialist to represent you in your claim.

1. The BWC assigns a claim number.
2. Medical providers submit information to the BWC
3. If the injured worker or employer disagrees with the decision
4. If your claim is ultimately allowed
5. If your claim is disallowed
6. If you are disabled for 90 days or more
7. The BWC does have Rehabilitation programs that are coordinated by the MCO's

 

This following charts (State Fund Claim Chart and Self-Insured Claim Chart) attempt to provide an understanding of the the maximum administrative timeframes allowed for processing a state fund/public employer workers’ compensation claim in Ohio, once you file your application for workers’ compensation benefits with the OhioBWC.

State Funded Employer Processing/Hearing Track

7 days

For the administrator to contact both sides

28days

For the administrator to investigate and issue an order

14days

From the receipt of the BWC administrator’s Tentative Order for the parties to file an appeal from that order to the Industrial Commission

7 days

After receipt of the appeal for the administrator to send the file to the Industrial Commission for hearing before a District Hearing Officer

45days

From the date the appeal is filed for the District Hearing Officer to hear the appeal

7 days

From the date the appeal is heard for the District Hearing Officer to ssue the order from the appeal hearing

14days

After the DHO’s order for the parties to file an appeal from that order

45days

From the date the appeal is filed for the Staff Hearing Officer to hear the appeal

7 days

From the date the appeal is heard for the Staff Hearing Officer to decide the appeal

14days

After the Staff Hearing Officer’s order for the parties to file their appeal from that order to the IndustrialCommissioners

45days

After the appeal to the Staff Hearing Officer’s Order, should the Industrial Commissioners determine to setthe appeal for hearing.
[However, refusals to hear the appeal by the Industrial Commissioners are to be issued within 14 days.]

7 days

From the date the appeal is heard for the Industrial Commission to issue its decision

60 day

From the date of the Commission’s order for the parties to appeal to court pursuant to R.C. Section 4123.512

Self Insured Employer Processing/Hearing Track

This chart provides the maximum administrative times for processing a
Self-Insured Employer workers’ compensation claim in Ohio.

30days

From the filing of the claim for the self-insurer to inform the claimant and Bureau in writing as to what conditions it has recognized or refuses to recognize according to Rule 4123-19-03(L)(10)

7 days

For the administrator to send the file to the DHO

45days

From the date the appeal is filed for the District Hearing Officer to hear the appeal

7 days

From the date the appeal is heard for the District Hearing Officer to decide the appeal

14days

After the DHO’s order for the parties to file an appeal from that order

45days

From the date the appeal is filed for the Staff Hearing Officer to hear the appeal

7 days

From the date the appeal is heard for the Staff Hearing Officer to decide the appeal

14days

After the SHO’s order for the parties to file an appeal from that order

45days

After the appeal to the Staff Hearing Officer’s Order, should the Industrial Commissioners determine to set the appeal for hearing.

[However, refusals to hear the appeal by the Industrial Commissioners are to be issued within 14 days.

7 days

From the date the appeal is heard for the Industrial Commission to issue its decision

60days

 From the date of the Commission’s order for the parties to appeal to court pursuant to Ohio Revised CodeSection 4123.512

If you believe that your self-insured employer has failed to follow its obligations under the rules of the OhioBWC, you may file a self-insured complaint against the employer. The form for filing the complaint can be accessed here.