What to Do If Your Workers’ Comp Claim Is Late

It’s been six months since you hurt your back lifting boxes at work. At first, you thought the pain would go away on its own—maybe you just pulled a muscle. Your supervisor told you to “tough it out,” and you didn’t want to seem weak. Now an MRI shows herniated discs requiring surgery, but when you finally try to file a workers’ compensation claim, you’re told it’s too late.

Don’t panic! While Ohio’s filing deadlines are strict, following these steps can help you determine if you still have options to get the benefits you deserve:

1. Understand Your Timeline and Situation. Ohio’s basic rule requires filing within one year, but exceptions exist. You may still qualify if your employer discouraged filing, provided false information, or if your injury seemed minor initially but later proved serious.
2. Gather Critical Documentation Immediately. Collect emails, texts, or witness statements showing your employer discouraged filing or promised to handle costs. Gather medical records showing injury progression and any employer-directed treatment records.
3. Document Your Timeline and Employer’s Actions. Create a detailed timeline from injury to present. Note every supervisor conversation about your injury and specific quotes from those who told you not to file or promised company coverage.
4. Get Medical Evidence of Progressive Injury. Obtain records showing how your condition worsened over time. Get a written doctor’s opinion explaining when they first determined your injury required workers’ compensation benefits.
5. File Your Late Claim with Supporting Evidence. File immediately with a detailed explanation for the delay. Include all supporting evidence: medical records, employer interference documentation, and your timeline.
6. Prepare for Insurance Company Pushback. Insurance companies fight late claims aggressively, preferring to deny based on deadlines rather than case merits. Be ready to defend every aspect with solid evidence.
7. Know When You Need Legal Help. If your employer disputes your account, insurance denies your filing, or complex medical issues arise, you need experienced representation!

Missing a workers’ compensation deadline can mean losing access to medical care, lost wage benefits, and vocational rehabilitation that could cost hundreds of thousands of dollars over your lifetime. Following these steps gives you the best chance of overcoming a late filing, but success requires building a strong case quickly. The Law Offices of Tim Misny can help you navigate this complex process and fight for the benefits you deserve.

When employers or insurance companies try to deny your rightful claims, I’ll Make Them Pay!^® Call my office at (877) 614-9524 so I can evaluate your workers’ compensation case right away.