Are There Any Time Limits That I Should Know About?

Filing an Ohio  BWC Claim

As in any injury claim made in The State of Ohio, there are time limits for filing claims. This is known as the Statute of Limitiation.

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.

Payment of Medical Bills

The BWC requires that all medical bills be filed within two (2) years from the date of service of the medical treatment. Even if your claim is allowed and the medical bill pertains to the allowed condition, failure to file the bill with the BWC will allow the bill to be denied for payment.

Proof of Filing

Statues of Limitations that relate to various types of BWC Claims

The statute of limitations is the date that no payments of benefits are allowed due to statutory closure under Ohio law according to ORC4123.52. The date of injury, disability or death and the claim type determine the statute of limitations for a claim.

• For medical-only claims with dates of injury (DOI) prior to Dec. 11, 1967, the statutory time limit under ORC 4123.52 is 10 years from the last date of a medical or compensation payment.
  
  

• Medical-only claims with DOI from Dec. 11, 1967, to Oct. 10, 2006, have a statutory time limit of six years from the last medical payment or six years from the date of injury in the absence of payment of medical benefits or wages in lieu of compensation.
  
  

• For medical-only claims with DOI on or after Oct. 11, 2006, the statutory time limit is five years from the date of last medical bill payment or five years from the date of injury in the absence of payment of medical benefits or wages in lieu of compensation.
  
  

• For lost-time claims with dates of injury (DOI) prior to Dec. 11, 1967, the statutory time limit under RC 4123.52 is 10 years from the last date of medical or compensation paid under 4123.56, 4123.57 or 4123.58, or wages paid in lieu of compensation.
  
  

• Lost-time claims with dates of injury from Dec. 11, 1967, to Oct. 10, 2006, have a statutory time limit of 10 years from the last payment of medical benefits or compensation paid under ORC 4123.56 (A) or (B), 4123.57, or 4123.58, or wages paid in lieu of compensation. If no compensation is paid or no wages are paid in lieu of compensation, the statutory limit is six years from the last medical bill payment.
  
  

• For claims with DOI Oct. 11, 2006, and after, the statutory time limit is five years from the date of last payment of medical benefits, compensation paid under ORC 4123.56 (A) or (B), 4123.57, or 4123.58, or wages in lieu of compensation. If no compensation is paid or no wages are paid in lieu of compensation, the statutory time limit is five years from the date of last medical bill payment.