New Workers Comp Laws You Need to Know About
Workers Compensation in Ohio is a complex and constantly evolving system. Our state lawmakers are always working to make the system better for workers and employers across the state, but that means the system changes regularly. For instance, Governor Kasich has just passed the new workers compensation budget under H.B. 27. Not only does this budget help fund Ohio’s workers comp system but it also changes a few essential rules and limitations. Here’s what you need to know about these changes.
Are You Ready for Ohio’s New Workers Comp Laws?
Statute of Limitations– The statute of limitations to file an injury claim was two years. However, amendments made to Ohio Rev. Code § 4123.84 mean that the statute will be shortened to one year. This change will apply to all new claims of alleged injury occurring on or after September 29, 2017. This means that it is even more important for workers to file their injury claims as soon as possible.
Additional Time to Negotiate– According to another change to Ohio Rev. Code § 4123.512, employers and claimants now can request extra time before filing a notice of appeal to the court of common pleas. That means when the Industrial Commission (IC) hands down a final order, a worker or employer may file a notice of intent to settle with the Ohio Bureau of Workers Compensation (BWC). This notice must be filed within 30 days of receiving the final appealable order from the IC, and extends the deadline for filing an appeal to 150 days. However, if the opposing party files an objection with BWC within 14 days of receiving the notice of intent to settle, the timeframe for appeal reverts to the 60-day timeframe.
Payment Speed– To speed the process of payment for temporary total disability, Ohio Rev. Code § 4123.56 was also amended. Now, if a worker’s FWW has not been calculated due to wages not yet being submitted, then the worker will be paid 1/3rd the statewide average weekly wage rate. If this rate is lower than the worker’s FWW, then the difference will be paid later. If this 1/3rd is higher than the worker’s FWW, then overpayment will be declared on the file.
What other changes are happening to the Ohio workers compensation system? Contact our experienced Columbus workers comp lawyers to find out. We are here for the needs of Ohio’s injured workers.