Turning Back the Clock: Assessing Ohio’s 2017 Amendment to Reduce the Statute of Limitations to File a Claim for an Injury or Death Benefits Under the Ohio Workers’ Compensation Act

In 2017, Ohio reduced the statute of limitations to file a claim for an injury or death benefits under the Ohio Workers’ Compensation Act from two years to one year. The amendment was launched as a means to possibly decrease benefits payments made from the State Insurance Fund. Yet statistics reveal an average of only 1.13% of workers’ compensation claims in Ohio were filed after one year from the date of injury. Given the scant percentage of claims filed after one year, the financial impact of the amendment may be nominal. Meanwhile, the amendment will bar as many as 2,000 injured workers each year from availing themselves of the right to receive workers’ compensation. Indeed, those barred are likely to be injured workers who have been disadvantaged by the workers’ compensation system due to fear of employer retaliation or stigmatization from co-workers.

This Comment argues Ohio’s reduction of the statute of limitations to file a claim for an injury or death benefits under the Ohio Workers’ Compensation Act is futile. This Comment draws on economic principles to evince the amendment has a disparate impact on injured workers and their families. Finally, this Comment recommends Ohio revert the statute of limitations to file a workers’ compensation claim for an injury or death benefits to two years.