Workers' Compensation FAQs

Is a workers' compensation claim the same as a lawsuit?

Which is better, a lawsuit or workers' comp?

How long do I have to file?

What if my claim is older?

What should I do if I am injured on the job?

Is workers' comp a no-fault system?

Can I settle my claim myself?


Is A Workers' Compensation Claim The Same As A Lawsuit?

No. Workers' compensation is a system created by Congress to prevent businesses from bogging down in civil suits when employees are injured.

Which Is Better, A Lawsuit Or Workers' Comp?

A civil suit can be more powerful, but it is not allowed in most employee injury cases. Workers' comp law was passed with an eye toward creating a compromise system that guaranteed both sides some protections. Workers can be confident they or their families will be taken care of if they are injured or killed while working. Employers are protected from more expensive and unpredictable lawsuits.

How Long Do I Have To File?

In cases of simple injuries, an Ohio worker has two years from the time of injury to open a claim with the Ohio Bureau of Workers' Compensation. Our state keeps recurring files open for five years, and sometimes beyond that.

What If My Claim Is Older?

This often happens when conditions do not manifest quickly, as with job-related diseases such as cancer, mesothelioma and repetitive stress problems. The law is complex on this point, with numerous exceptions our lawyers can explain to you. If your injury claim goes back a long time you should work with an experienced lawyer to resolve the matter.

What Should I Do If I Am Injured On The Job?

Tell your supervisor about the incident immediately. Get medical treatment, if the injury requires urgent action. Then fill out the injury report form at your employer's.

Is Workers' Comp a No-Fault System?

No. Employees can't just injure themselves and expect benefits. Accidents involving alcohol or drugs are often not compensable.

Can I Settle My Claim Myself?

Yes, you may. If the case is cut and dried, and the employer raises no objections to your claim, it should be fine. Lawyers become necessary when the injuries are substantial, when a legitimate claim is denied, when you feel pressured to use company-recommended doctors, or when the paperwork is just too complicated or burdensome to do yourself.


Strong representation for injured workers. In Cincinnati, call 513-322-2194. Or describe your injuries using this message form. Let the worker injury attorneys at The Law Offices of Arnold S. Levine help you obtain the compensation you need.