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Experiencing a workplace injury or illness can leave you facing great financial burden due to medical expenses and lost wages. Fortunately, Ohio law requires employers to carry workers’ compensation insurance to mitigate the hardship employees experience. However, even though you might be entitled to benefits, the process of getting approved can be challenging. This has become particularly true in the last few years, as several significant changes have been made to the state’s laws. Here are some of the most notable amendments employees should be aware of.

5 Recent Modifications to Workers’ Compensation Laws in Ohio

1. Statute of Limitations for Filing a Claim

Similar to other states, Ohio has a statute of limitations on how long employees have to file a work injury claim. Previously, the time frame was two years from the date of injury, but now a victim has only one year to file or they forfeit their right to pursue benefits. 

2. Deadline to File Appeals 

Before the changes in workers’ compensation laws, employers and employees had 60 days to file an appeal in the appropriate court of common pleas upon receiving a decision from the Industrial Commission. That time has been extended to 150 days, as long as one party files a notice of intent to settle the claim within 30 days of receiving the final order. 

3. Drug Testing Standards 

workers' compensationDrug testing in relation to workers’ compensation cases has been revised. The new law has been revamped to list the same type of prohibited controlled substances and threshold limits found in the Code of Federal Regulations. 

4. Incarcerated Dependents 

Ohio law has long since inhibited injured workers from collecting workers’ compensation benefits while incarcerated. This stipulation now also applies to incarcerated dependents of a deceased employee who might be entitled to receive death benefits. They would have to wait to receive benefits for the duration of their sentence.

5. Permanent Partial Disability Applications 

Under the old law, the Bureau of Workers’ Compensation would suspend an application if the injured employee failed to attend their scheduled permanent partial examination and reschedule for another time when they were available. Now, they can dismiss these applications completely without extending the courtesy of suspension.

 

If you have been injured or developed an occupational disease while performing your job duties, the state’s new laws make it imperative that you don’t delay in contacting an attorney to review your case. The legal team at O’Connor, Mikita & Davidson has extensive experience with workers’ compensation, having helped numerous Cincinnati, OH, residents obtain the benefits they deserve. They will guide you through the process of filing a claim, greatly improving your odds of approval. Call (513) 793-5297 or visit their website to learn more about their practice areas.

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