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How Long Do I Have to File a Workers’ Compensation Claim?

Workers’ compensation is an important protection for employees who suffer work-related injuries or illnesses. But navigating the benefits process can be confusing and frustrating, especially as you’re trying to recover.

The workers’  compensation attorneys at Young, Reverman & Mazzei have decades of success helping injured workers and their families get the benefits they need. Following, we offer some key things to know about workers’ comp benefits in Ohio, Kentucky and Indiana, including how long injured workers have to seek benefits.

Workers’ Compensation in Ohio

In Ohio, workers’ compensation claims are administered by the state’s Bureau of Workers’ Compensation (BWC). If an employee is injured on the job, the business must report the injury to the Bureau of workers’ compensation within one week.

Employees who suffer a work-related injury or occupational illness have two years from the date of injury or diagnosis to file a claim for workers’ compensation benefits. Upon receipt of the claim, the BWC has 28 days to investigate the claim and accept or reject it, with notice provided by mail.

If the claim is denied, the worker has 14 days to file an appeal. The BWC then has another 28 days to make a decision and provide a written notice of its ruling. Any further appeal is made through the Industrial Commission of Ohio, which uses an administrative hearing process to further review and resolve workers’ compensation claims.

Workers’ Compensation in Kentucky

In Kentucky, employees who are injured while on the job and require medical attention must inform their supervisors within 24 hours of the injury. A First Report of Injury form must then be filed with the Kentucky Department of Workers’ Claims (DWC) within 30 days of the injury or occupational illness diagnosis.

For injuries that don’t require immediate medical treatment, such as repetitive-stress injuries, workers have two years to file a benefits claim, although a First Report of Injury must still be filed within 30 days of learning of the ailment. The DWC will provide you with written notice of your benefits status within 30 days of receipt.

If your claim is rejected, you have 30 days to appeal to the Kentucky Workers’ Compensation Board, in which an administrative law judge will review your case.

Filing for Workers’ Compensation in Indiana

In Indiana, injured workers have 30 days to notify their employers of work-related injuries or occupational illnesses, but two years to file a claim with the state’s Workers’ Compensation Board (WCB) seeking benefits. In cases where the injury or illness is a consequence of performing job duties, such as a repetitive-trauma injury, the two-year statute of limitations begins when the injury is discernible by the employee.

If the initial claim for benefits is denied, workers must submit a formal application for a claim adjustment. Disputed claims are subject to informal dispute resolution services. If a resolution cannot be reached through those services, the claim may be appealed to the WCB for a formal hearing.

Workers’ Compensation Lawyers Serving Ohio, Kentucky and Indiana

Although you’re not required to hire an attorney to apply for workers’ compensation benefits or appeal a denied claim, having a knowledgeable lawyer on your side can help ensure that your claim is properly documented and thoroughly supported, and improve your chances to receive approval for benefits.

You don’t have to struggle through the workers’ compensation process alone. The workers’ comp attorneys at Young, Reverman & Mazzei have been helping injured workers recover the benefits they need since 1972.

If you need help applying for workers’ comp benefits or appealing a rejected claim, please call us at 800-721-1678 or contact us online for a free, no-obligation consultation.

In Ohio, our attorneys serve clients from the greater Cincinnati and Dayton areas. We also welcome clients from Boone County, Campbell County and Kenton County in Kentucky, and Dearborn County in Indiana. Please see our Locations page for a complete list of our offices and directions.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association