Ohio Workers' Compensation: Deadlines, Benefits and How to File
Ohio workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Ohio
- 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… Ohio Rev. Code § 4123.84; BWC, Filing a claim
- Weekly benefit rate
- Temporary total disability is 72% of the worker's full weekly wage for the first 12 weeks (capped at the lesser of the statewide average weekly wage or 100% of net take-home weekly pay), then 66⅔% of the average weekly wage. Ohio Rev. Code § 4123.56
- Maximum weekly benefit
- For 2026 injuries, BWC lists a maximum temporary total benefit of $1,281 per week (statewide average weekly wage of $1,281) and a minimum of $427. Ohio Rev. Code §§ 4123.56, 4123.62; BWC compensation rate chart
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Every private employer that regularly employs one or more people in the same business is covered by Ohio's workers' compensation law and must pay premiums into the state insurance fund administered by the Bureau of Workers' Compensation (BWC), unless approved to self-insure. Household workers and casual workers count as employees if they earn $160 or more in cash in a calendar quarter from a single household or employer. Public employers are also covered. Source: Ohio Rev. Code § 4123.01 |
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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 |
| Waiting period | No compensation is paid for the first week of total disability unless the worker is totally disabled for a continuous period of two weeks or more; in that case, the first week is paid after the second week of total disability. There is no waiting period for medical and funeral payments. Source: Ohio Rev. Code § 4123.55 |
Benefits
| Weekly benefit rate | Temporary total disability is 72% of the worker's full weekly wage for the first 12 weeks (capped at the lesser of the statewide average weekly wage or 100% of net take-home weekly pay), then 66⅔% of the average weekly wage. Benefits are subject to a maximum equal to the statewide average weekly wage and a minimum equal to one-third of it (or the worker's full wages if lower). Source: Ohio Rev. Code § 4123.56 |
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| Maximum weekly benefit | For 2026 injuries, BWC lists a maximum temporary total benefit of $1,281 per week (statewide average weekly wage of $1,281) and a minimum of $427. The permanent total disability maximum is $1,281 ($854 if the worker receives Social Security disability), with a minimum of $640.50. The 2025 maximum was $1,231. Rates are set each January 1 and depend on the year of injury. |
| How long benefits last | Temporary total disability is paid as long as the disability is total. It stops when the worker returns to work, when the treating doctor says the worker can return to the former job, when suitable work within the worker's physical limits is made available, or when the worker reaches maximum medical improvement. The law calls for a review after 200 weeks of temporary total benefits, and ending temporary total benefits does not prevent them from starting again later. Wage-loss compensation is limited to 200 weeks for a worker who returned to lower-paying work, 52 weeks for a worker unable to find consistent work, and 226 weeks in total. Permanent partial disability for scheduled losses is paid for set numbers of weeks under Ohio Rev. Code 4123.57; permanent total disability is covered in 4123.58. Source: Ohio Rev. Code 4123.56 |
| Permanent disability | Permanent partial disability can be paid as a percentage of permanent partial (%PP) award, which a worker may apply for no earlier than 26 weeks after temporary total payments end (or after the injury, if none were paid); BWC schedules an exam and issues a tentative order, and either side has 20 days to object. Scheduled-loss awards pay a set number of weeks for losing (or loss of use of) body parts, for example 225 weeks for an arm or 125 weeks for an eye. Permanent total disability is paid for life at 66⅔% of the average weekly wage, subject to the statutory maximum and minimum. For 2026, BWC's chart lists scheduled-loss amounts such as $288,225 for an arm. Rate chart: https://dam.assets.ohio.gov/image/upload/info.bwc.ohio.gov/forms/comprates.pdf |
| Death benefits | If a work injury or occupational disease causes death, wholly dependent survivors receive weekly benefits of 66⅔% of the worker's average weekly wage, within statutory maximum and minimum amounts (for 2026, BWC lists a $1,281 maximum and $640.50 minimum). A surviving spouse is paid until death or remarriage; on remarriage, the spouse receives a lump sum equal to two years of benefits. Other wholly dependent persons are paid until they reach the age or condition limits in the statute (for example, up to age 25 for a dependent in full-time education). BWC pays reasonable funeral expenses up to $7,500 and reimburses whoever paid them. |
Doctors, filing, settlements and appeals
| Choosing a doctor | BWC states that an injured worker has the right to quick access to health care from any BWC-certified health care provider the worker chooses. Medical treatment is managed through a managed care organization (MCO), and decisions of BWC, the MCO or the Industrial Commission can be appealed. Source: BWC, Injured worker rights |
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| How to file | A worker, employer, medical provider or authorized representative can file a First Report of Injury, Occupational Disease or Death (FROI) with BWC online, by mail, by fax to 866-336-8352, or by calling BWC at 800-644-6292. A medical provider may file online or submit it to the employer's managed care organization (MCO). Claims with seven or fewer missed days are medical-only; eight or more missed days make it a lost-time claim. Source: BWC, Filing a claim |
| Settlements | A claim can be settled. The employer or the injured worker files an application with the Bureau of Workers' Compensation that includes the signed settlement agreement and explains why the settlement is desirable. For state fund claims, the administrator must approve it, and the settlement does not take effect until 30 days after approval; during that period a party may withdraw consent (with limited exceptions for employers). A copy is sent to the Industrial Commission, where a staff hearing officer reviews it and must disapprove an agreement found to be clearly unfair. Self-insuring employers follow a variation of this process described in the same section. Source: Ohio Rev. Code 4123.65 |
| Appealing a denial | A BWC order on a disputed claim can be appealed within 14 days of receipt; the Industrial Commission refers it to a district hearing officer. The district hearing officer's order can be appealed within 14 days to a staff hearing officer, and that order within 14 days to the commission, which decides whether to hear it. A final commission decision (other than one about the extent of disability) can be appealed to the court of common pleas within 60 days of receipt. |
| 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 |
| Retaliation for filing | An employer may not fire, demote, reassign or take any punitive action against an employee because the employee filed a claim or took part in a workers' compensation proceeding for a work injury with that employer. The employee may sue in the common pleas court for reinstatement with back pay (or lost wages), plus reasonable attorney fees. The employer must receive written notice of the claimed violation within 90 days, and the lawsuit must be filed within 180 days after the action. Source: Ohio Rev. Code § 4123.90 |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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 |
Lawsuits and uninsured employers
| Suing 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 |
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| 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 |
| If your employer has no workers' comp | A worker whose employer did not comply with the workers' comp coverage requirement may apply to the Industrial Commission or Bureau of Workers' Compensation, and the claim is decided like other claims and paid promptly from the statutory surplus fund; the state then seeks repayment from the employer. The worker may also sue the noncomplying private employer for damages, and the employer cannot use the fellow-servant, assumption-of-risk or contributory-negligence defenses; any workers' comp payments must be repaid from a recovery in that suit. If the employer does not pay an award or post bond within ten days, the Attorney General sues the employer to collect. Lawsuit against noncomplying employer: https://codes.ohio.gov/ohio-revised-code/section-4123.77 |
Where to get help in Ohio
Workers' Compensation FAQ
Which employers must have workers' comp in Ohio?
Every private employer that regularly employs one or more people in the same business is covered by Ohio's workers' compensation law and must pay premiums into the state insurance fund administered by the Bureau of Workers' Compensation (BWC), unless approved to self-insure. Household workers and casual workers count as employees if they earn $160 or more in cash in a calendar quarter from a single household or employer. Public employers are also covered.
What is the deadline to file a workers' comp claim in Ohio?
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).
Is there a waiting period for workers' comp in Ohio?
No compensation is paid for the first week of total disability unless the worker is totally disabled for a continuous period of two weeks or more; in that case, the first week is paid after the second week of total disability. There is no waiting period for medical and funeral payments.
How much does workers' comp pay in Ohio?
Temporary total disability is 72% of the worker's full weekly wage for the first 12 weeks (capped at the lesser of the statewide average weekly wage or 100% of net take-home weekly pay), then 66⅔% of the average weekly wage. Benefits are subject to a maximum equal to the statewide average weekly wage and a minimum equal to one-third of it (or the worker's full wages if lower).
What is the maximum workers' comp benefit in Ohio?
For 2026 injuries, BWC lists a maximum temporary total benefit of $1,281 per week (statewide average weekly wage of $1,281) and a minimum of $427. The permanent total disability maximum is $1,281 ($854 if the worker receives Social Security disability), with a minimum of $640.50. The 2025 maximum was $1,231.
Can you choose your own doctor for workers' comp in Ohio?
BWC states that an injured worker has the right to quick access to health care from any BWC-certified health care provider the worker chooses. Medical treatment is managed through a managed care organization (MCO), and decisions of BWC, the MCO or the Industrial Commission can be appealed.
How does permanent disability work under workers' comp in Ohio?
Permanent partial disability can be paid as a percentage of permanent partial (%PP) award, which a worker may apply for no earlier than 26 weeks after temporary total payments end (or after the injury, if none were paid); BWC schedules an exam and issues a tentative order, and either side has 20 days to object. Scheduled-loss awards pay a set number of weeks for losing (or loss of use of) body parts, for example 225 weeks for an arm or 125 weeks for an eye. Permanent total disability is paid for life at 66⅔% of the average weekly wage, subject to the statutory maximum and minimum.
What workers' comp death benefits are available in Ohio?
If a work injury or occupational disease causes death, wholly dependent survivors receive weekly benefits of 66⅔% of the worker's average weekly wage, within statutory maximum and minimum amounts (for 2026, BWC lists a $1,281 maximum and $640.50 minimum). A surviving spouse is paid until death or remarriage; on remarriage, the spouse receives a lump sum equal to two years of benefits. Other wholly dependent persons are paid until they reach the age or condition limits in the statute (for example, up to age 25 for a dependent in full-time education). BWC pays reasonable funeral expenses up to $7,500 and reimburses whoever paid them.
How do you file a workers' comp claim in Ohio?
A worker, employer, medical provider or authorized representative can file a First Report of Injury, Occupational Disease or Death (FROI) with BWC online, by mail, by fax to 866-336-8352, or by calling BWC at 800-644-6292. A medical provider may file online or submit it to the employer's managed care organization (MCO). Claims with seven or fewer missed days are medical-only; eight or more missed days make it a lost-time claim.
How do you appeal a denied workers' comp claim in Ohio?
A BWC order on a disputed claim can be appealed within 14 days of receipt; the Industrial Commission refers it to a district hearing officer. The district hearing officer's order can be appealed within 14 days to a staff hearing officer, and that order within 14 days to the commission, which decides whether to hear it. A final commission decision (other than one about the extent of disability) can be appealed to the court of common pleas within 60 days of receipt.
Can you be fired for filing workers' comp in Ohio?
An employer may not fire, demote, reassign or take any punitive action against an employee because the employee filed a claim or took part in a workers' compensation proceeding for a work injury with that employer. The employee may sue in the common pleas court for reinstatement with back pay (or lost wages), plus reasonable attorney fees. The employer must receive written notice of the claimed violation within 90 days, and the lawsuit must be filed within 180 days after the action.
How long can you receive workers' comp in Ohio?
Temporary total disability is paid as long as the disability is total. It stops when the worker returns to work, when the treating doctor says the worker can return to the former job, when suitable work within the worker's physical limits is made available, or when the worker reaches maximum medical improvement. The law calls for a review after 200 weeks of temporary total benefits, and ending temporary total benefits does not prevent them from starting again later. Wage-loss compensation is limited to 200 weeks for a worker who returned to lower-paying work, 52 weeks for a worker unable to find consistent work, and 226 weeks in total.
How do workers' comp settlements work in Ohio?
A claim can be settled. The employer or the injured worker files an application with the Bureau of Workers' Compensation that includes the signed settlement agreement and explains why the settlement is desirable. For state fund claims, the administrator must approve it, and the settlement does not take effect until 30 days after approval; during that period a party may withdraw consent (with limited exceptions for employers). A copy is sent to the Industrial Commission, where a staff hearing officer reviews it and must disapprove an agreement found to be clearly unfair.
How do I file or check a workers' comp claim online in Ohio?
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.
How much can a workers' comp lawyer charge in Ohio?
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.
Can you sue your employer for a work injury in Ohio?
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.
Can you sue a third party for a work injury in Ohio?
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.
What if my employer doesn't have workers' comp insurance in Ohio?
A worker whose employer did not comply with the workers' comp coverage requirement may apply to the Industrial Commission or Bureau of Workers' Compensation, and the claim is decided like other claims and paid promptly from the statutory surplus fund; the state then seeks repayment from the employer. The worker may also sue the noncomplying private employer for damages, and the employer cannot use the fellow-servant, assumption-of-risk or contributory-negligence defenses; any workers' comp payments must be repaid from a recovery in that suit. If the employer does not pay an award or post bond within ten days, the Attorney General sues the employer to collect.
How long do you have to appeal a denied workers' comp claim in Ohio?
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.
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