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Northwest OH Legal Blog

Tuesday, July 25, 2017

Recently Passed Legislation Changes Statute of Limitations for Workers Compensation Claims

The Ohio General Assembly recently passed a budget bill which also made changes to Ohio’s Workers Compensation laws. The changes are yet to take effect. All Injured Workers should be aware of three aspects of the legislation.

First, the statute of limitations to file a claim will be changed from two years to one year. Although this will not affect several claims, it is now even more important for Injured Workers to file their claims as soon as possible. It is important to remember that the statute requires the injured worker to notify the BWC, or employer in a self-insured claim, of each body part injured. As some injuries involve multiple body parts, it is imperative the injured worker work with his or her doctor and attorney to make sure affected parts of the body have been reported.

Second, Injured Workers who file for Permanent Partial Disability (PPD) and fail to show up to their medical examination may have their claims dismissed with the ability to refile. Even with the ability to refile, a dismissal will delay the injured workers access to benefits. PPD is a one-time award paid to Injured Workers as the result of the residual effects of their injuries, and nearly all workers are eligible. The Injured Worker should attend their exam or call to reschedule to ensure they receive their benefits timely.

Third, Injured Workers who have their claims or additional conditions denied by the Industrial Commission will have the opportunity to settle their claims before filing an appeal in the Court of Common Pleas. This requires a filing with the BWC, and extends the deadline to file an appeal to 150 days. This will help all parties reduce court costs by resolving claims before filing suit.

Hiring an experienced attorney is important to ensure that you meet deadline involved in your claim. If you have questions regarding your workplace injury, call the firm of Allotta | Farley at (419) 535-0075 to set up a free consultation. 


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With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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| Phone: 419.535.0075
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