The state of Ohio does not allow workers’ compensation to stay open forever. In fact, current law establishes that there is a very clear point at which a workers’ compensation claim expires and is no longer viable.
After the expiration of a Bureau of Worker’s Compensation (BWC) claim, the injured worker can no longer seek compensation or medical coverage for injuries suffered in that claim. As such, it’s crucial to understand the Ohio BWC claim timeline to have your best chance at a successful outcome in your case. Here, our workers’ compensation attorneys outline what you need to know.
What Is Ohio Revised Code 4123.52?
Ohio Revised Code 4123.52 provides statutory language that allows for the expiration of a workers’ compensation claim. Ohio Revised Code Section 4123.52 has been interpreted by the Courts in the state of Ohio to contain a statute of limitations, setting forth the criteria for the expiration of the life of a claim. The Supreme Court of Ohio has stated that R.C. 4123.52 “permit[s] finality [of a claim] through the extinguishment after a set period of inactivity.”
Essentially, Ohio Revised Code Section 4123.52 has been interpreted to establish that if a claim sees a five-year period without the payment of compensation or medical coverage, the claim lapses and expires.
The Ohio BWC Claim Timeline: How Five Years Is Calculated
In Ohio, if you are injured on the job and file a claim that is ultimately approved and you have medical coverage or compensation paid, your claim will stay open for five years after the date you receive medical treatment paid for through the claim or for five years after you receive payment of compensation through the claim. Every time treatment is paid for through the claim, that five-year period for expiration gets reset.
For example, if an injured worker who has a claim open gets medical treatment on January 1, 2021, and that treatment is paid for through the claim, that claim would not expire until January 1, 2026. Now, should that same injured worker need additional treatment that is rendered on January 1, 2022, that is again paid for through the claim, the statutory expiration at that point would then change to January 1, 2027. The same applies to the payment of compensation. Every time that injured worker receives compensation through their claim, the five-year clock to expiration resets from the date the compensation is paid.
Why Monitoring Your Claim Timeline Matters
It is important to always know your Ohio workers’ compensation expiration. Injured workers often develop health complications associated with work injuries after extensive periods where they have not needed treatment. If those injured workers seek treatment through a claim for the newly developed issues that are traceable to a prior work injury, they could see a denial of coverage based on the statutory expiration of their claim.
Therefore, it is important to continuously seek checkups for lingering issues associated with your workplace injury. More importantly, you should seek BWC coverage of those checkups to ensure that your claim continues to stay open.
Key Steps to Keep Your Ohio BWC Claim Active:
- Schedule regular follow-up appointments for your work injury, even if symptoms are minor
- Ensure these appointments are billed through your workers’ compensation claim
- Mark important dates on your calendar to track the five-year expiration timeline
- Maintain copies of all treatment records and payment documentation
- Consider annual check-ups with your physician of record to reset the five-year clock
Extending Your Claim: Legal Ways to Pause the Five-Year Clock
Under certain circumstances, there are ways to toll, or extend, the statutory expiration of a claim. Ohio Courts have long ago carved out means by which to toll the clock of expiration. It is well-established law that the filing of an application for compensation tolls the five-year statutory expiration of a workers’ compensation claim. See Nichols v. Ohio Collieries Co., 75 Ohio App. 747, 31 Ohio Op. 278, 62 N.E.2d 636.
If you are worried about Ohio workers’ comp expiration, here are a few ways to toll the five-year expiration period:
- Filing an application for compensation before the claim expires
- Submitting a request for medical treatment coverage prior to expiration
- Pending adjudication of previously filed motions or applications
- Filing a request for authorization of medical services
- Having an unresolved dispute in the claim that is still being adjudicated
For example, say an application for compensation was filed in a claim prior to expiration that wasn’t fully adjudicated prior to the five-year expiration point, the claim would stay open until that application for compensation was fully decided. So long as the application for compensation is filed prior to the expiration of the claim, a workers’ compensation claimant has the right to see the adjudication of that application to completion.
The same is true for a request for additional medical coverage. If an injured worker submits a request for the coverage of medical treatment prior to the expiration of the claim, it will stay open and not technically expire until the request for treatment is fully adjudicated and decided.
Work With an Expired BWC Claim Attorney in Ohio
If you have been injured on the job and have an open workers’ compensation claim that you think may be close to expiration, don’t hesitate to contact The Bainbridge Firm. Our team of experienced workers’ compensation attorneys can help ensure that your claim remains open so that you are covered in the future.