Hiring a Workers' Compensation Lawyer in Ohio
The limits on workers' comp lawyer fees in Ohio, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Ohio: fee rules
| Rules on contingency fees | Under Ohio Rule of Professional Conduct 1.5(c)(1), every contingent fee agreement must be in a writing signed by both the client and the lawyer, stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, and clearly notifying the client of expenses owed whether or not the client prevails. Under Rule 1.5(c)(2), when the lawyer will disburse funds, the lawyer must give the client a closing statement, signed by the client and lawyer, at or before receiving the fee, showing how the fee was computed, the costs and expenses deducted, and any division of fees with a lawyer outside the firm. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal or child support or property settlement, and contingent fees for defending a criminal case. Ohio's Rule 1.5(a) prohibits 'illegal or clearly excessive' fees rather than 'unreasonable' fees. |
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| If you disagree with a lawyer's bill | According to the Ohio State Bar Association, many local bar associations will help arbitrate fee disputes, and some also mediate other lawyer-client conflicts that do not involve misconduct. Fee disagreements generally are not handled through the discipline process. |
| If a lawyer takes your money | The Supreme Court of Ohio's Lawyers' Fund for Client Protection reimburses money or property lost through an Ohio-licensed attorney's theft or embezzlement while acting in a fiduciary or legal capacity within an attorney-client relationship; reimbursement is not a matter of right. The attorney must have been disciplined on or after May 13, 1985, or have resigned or died. Loans, malpractice, negligence and fee disputes are not covered, and family members, employees, lawyer-controlled businesses and government entities cannot claim. The maximum is $100,000 per claim; file within five years of the loss or its discovery. There is no filing fee; submit a notarized Application for Reimbursement with supporting documents (a lawyer is optional). Claim help: 1.800.231.1680. |
Ohio rules to know first
| Lawyer fee limits | Ohio law creates a workers' compensation ombudsperson system to assist claimants and employers: it answers questions, looks into complaints about how claims are processed, and gives information about problems with BWC and Industrial Commission operations, but it does not give opinions on whether a claim has merit. Source: Ohio Rev. Code 4121.45 |
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| Deadline to file a claim | A claim for an injury or death is barred unless, within one year after the injury or death, written or fax notice of the specific body parts injured (or of the death) is given to BWC or the Industrial Commission, or certain other events occur (such as the employer paying wages in place of compensation, or a self-insured employer furnishing treatment). BWC may also accept a claim by phone. For occupational diseases arising on or after Sept. 28, 2021, BWC says the claim must be filed within one year after death or one year from the latest of: first medical diagnosis as work-related, first treatment, or first quitting work due to the disease (or within six months after a physician diagnoses it as work-related). BWC filing page: https://info.bwc.ohio.gov/for-workers/claims/filing-a-claim |
| Deadline to challenge a denial | A worker or employer may appeal the Bureau of Workers' Compensation's order granting or denying a claim within 14 days after receiving it; the appeal goes to an Industrial Commission district hearing officer. A district hearing officer's order may be appealed within 14 days after receipt to a staff hearing officer, and the staff hearing officer's order within 14 days to the Industrial Commission, which decides whether to hear it. A final Commission order (other than a decision on the extent of disability) can be appealed to the court of common pleas within 60 days after receipt. Court appeal: https://codes.ohio.gov/ohio-revised-code/section-4123.512 |
| Can you sue your employer? | Generally no. An employer that complies with the workers' comp coverage requirement (pays into the state fund or is self-insured) is not liable in damages for workplace injuries, occupational diseases or deaths, whether or not they are compensable. The statutory exception is an employer intentional tort: the worker must prove the employer acted with intent to injure or believed injury was substantially certain, meaning deliberate intent; deliberate removal of an equipment safety guard or deliberate misrepresentation of a toxic substance creates a rebuttable presumption of intent. An employer that has not complied with the coverage requirement loses the protection. Intentional tort: https://codes.ohio.gov/ohio-revised-code/section-2745.01 |
| Suing someone other than your employer | Yes. A worker may sue a third party (such as a negligent driver or product maker). Paying workers' comp benefits makes the bureau, self-insured employer or other payer a 'statutory subrogee' with a right to recover from the third party. On settlement or verdict, the net recovery is split between the worker and the subrogee by a formula based on the worker's uncompensated damages and the subrogation interest, unless they agree to a fairer split. The worker must notify the subrogee (and, unless the payer is a self-insured employer, the Attorney General) of all third parties, and no settlement is final without prior notice to them; otherwise the worker and third party are jointly liable for the full subrogation interest. Source: Ohio Rev. Code § 4123.931 |
| Filing a claim online | Ohio Bureau of Workers' Compensation (BWC) takes the First Report of an Injury, Occupational Disease or Death (FROI) online; it can be submitted on behalf of the injured worker or on behalf of the employer, with supporting documents uploaded (.pdf, .jpg, .tif). Questions: 1-800-644-6292. Self-insuring employers are not required to report medical-only claims to BWC. |
Find and check a lawyer
| Lawyer referral service | Lawyer referral services in Ohio must be registered with the Supreme Court of Ohio under Gov.Bar R. XVI. The Court maintains a list of registered lawyer referral services, with links and the geographic area each serves; Court staff cannot refer you to a specific lawyer, but direct people needing a lawyer to a registered lawyer referral service. |
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| Check that the lawyer is licensed | The Supreme Court of Ohio licenses Ohio attorneys, and its Office of Attorney Services keeps an online directory of attorneys admitted to practice in Ohio. Attorneys' residence addresses and emails are not public unless no valid office address is on file. For help, contact the court's Registration and CLE Section at attyreg@sc.ohio.gov or 614.387.9320 (weekdays 8 a.m.-5 p.m.). FAQ: https://www.supremecourt.ohio.gov/attorneys/attorney-registration/atty-registration-faqs/ |
| Check discipline history or file a complaint | File a grievance with the Office of Disciplinary Counsel (ODC) of the Supreme Court of Ohio (online through its File a Grievance link, or obtain a form from ODC at 65 E. State Street, Suite 1510, Columbus, OH 43215) or with your local bar association's certified grievance committee, which the Supreme Court authorizes to investigate and prosecute ethics violations. The complaint must be in writing and signed and include your name, the attorney's name and the basis for the complaint. The attorney may be asked to respond; if there is no probable cause the grievance is dismissed (dismissals by a local grievance committee can be appealed to the Board of Professional Conduct; ODC dismissals cannot). If probable cause is found, a formal complaint goes to the Board of Professional Conduct; the preliminary investigation is confidential, but once a probable-cause panel certifies the complaint the proceedings become public, and the Supreme Court decides any discipline. Process described in the Ohio State Bar Association pamphlet: https://www.ohiobar.org/globalassets/law-facts/pamphlet-pdfs/lf_ethics_pdf.pdf |
Free legal help
| Free legal aid | Free civil legal aid for low-income Ohioans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists five Ohio grantees: Community Legal Aid Services, Legal Aid of Western Ohio, The Legal Aid Society of Cleveland, Legal Aid Society of Greater Cincinnati, and Legal Aid of Southeast and Central Ohio. |
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All legal help in Ohio · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.