For most individuals, this question is a straightforward one. You live in Ohio, work in Ohio, your employer is in Ohio, you are injured in Ohio. No doubt there – your claim for workers’ compensation benefits is in Ohio and you have two years from the date you were injured to file the claim.
But, what if the facts or circumstances are different? What if you live in Ohio, are hurt in Ohio, but your employer is not located in Ohio? What if, say for example over the road truck drivers, you do not live in Ohio, your employer is not located in Ohio, but you happened to get injured on the job while passing through Ohio?
There are so many scenarios and fact patterns that come up when dealing with work related injuries. Sometimes, it can be difficult to determine in what state your claim for workers’ compensation benefits can or should be filed in. With each state having their own workers’ compensation system, the answer to this question is not always an easy one either.
In Ohio, it is important to keep in mind that if you file a claim in another state for injuries sustained on the job, and a decision on the merits of your case is made in another state, you are barred from then pursuing a claim for the same injuries in Ohio. It does not matter if your claim in the other state was approved or denied.
In order to know your rights, it is important that you seek the advice of legal counsel, especially when dealing with one of the many potentially unusual fact patterns. When dealing with whether to file a claim for benefits in Ohio, the sooner you speak with an attorney, the better. An attorney can help you determine if you can and should be pursuing a claim for workers’ compensation benefits in Ohio.
The workers’ compensation attorneys at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. are experienced and knowledgeable in this area and are here to help you determine the best course of action to take when injured on the job. As always, the consultation is free. Contact us at 419-843-6688, 1-567-455-5470 or at www.gallonlaw.com.