The Workers' Compensation Claims Process in Ohio

How do I file a workers' compensation claim in Ohio?

1. Report the injury

Ohio law provides injured workers with one year to file a claim for workers’ compensation benefits (two years for Occupational Disease claims). As time passes it can become more difficult to obtain benefits, so injured workers are advised to report an injury to their employers soon after it occurs. Complete an incident report and seek information from your employer (see the HR Department) about getting started with a workers’ compensation claim. This creates a clear timeline and notice to your employer that you have been injured at work. Many employers will require you to complete an injury or accident report.

What is the statute of limitations for filing a WC claim in Ohio?

One component of the workers’ compensation laws includes time limits for filing your claims. Be sure you don’t lose out by waiting too long to file your Ohio worker’s comp claim. Don’t lose this benefit by waiting too long to file the claim. And don’t be intimidated by complicated claim forms or even fear of retaliation from an employer for asking for what is rightly yours.

2. Seek medical treatment

Following the work injury, seek treatment and adhere to the provider’s treatment plan. If a worker does not seek care or fails to follow through with his/her care, it may seem as though there is no injury, or WC benefits to which the injured worker is entitled. Therefore, it is best to seek immediate treatment.

3. Submit proper paperwork to WC

When you’ve been injured on the job, there are certain steps you need to go through to make a workers’ compensation claim. This required you file a claim with the Ohio Bureau of Workers’ Compensation known as a First Report of Injury (FROI). This FROI should be completed by you and your physician of record, signed by both of you, and submitted to the BWC. Additionally, if you can, you should complete and submit an accident report to your employer regarding the incident, as soon as possible. In order to complete this first step of the process effectively, it is advised that you contact a workers’ compensation attorney.

4. The BWC process

The Ohio Bureau of Workers’ Compensation will open a file and investigate your claim. The BWC is supposed to allow or deny the claim within 28 days. Regardless of whether the claim is allowed or disallowed, you, the BWC, and your Employer will have 14 days to appeal the BWC’s decision and request a hearing on your claim with the Industrial Commission of Ohio.

This is a simplification of a process that can often become complex or burdensome. You stand the best chance at getting your claim approved if you seek the help of a knowledgeable Ohio workers’ compensation attorney who will advocate on your behalf to get the WC settlements and compensation you deserve. The lawyers at Lelli Law Office can assist you with this process. Our office will continue to represent you throughout your treatment process and after you return to the workforce.

Commonly allowed injuries for workers' compensation claims

Below are some commonly allowed injuries for WC claims in Ohio. Learn more about whether you need a workers' compensation attorney for your case by contacting our office.

• Degenerative disc disease, herniated or bulging discs, and other spinal injuries
• Back and neck strains and sprains
• Aggravation of pre-existing conditions
• Brain or head trauma or concussions
• Paralysis
• Head and facial disfigurement
• Burns and scars
• Loss of sight or hearing
• Loss of use of a limb or amputations
• Reflex sympathetic dystrophy (RSD)
• Complex regional pain syndrome (CRPS)
• Repetitive trauma or overuse injuries (i.e., carpal tunnel syndrome)
• Asbestosis
• Mesothelioma
• Anxiety, stress, and depression (resulting from a work injury)
• Fractures
• Heart attacks
• Death claims/dependents’ claims