Legal Question in Workers Comp in Ohio

Said no at hospital - now want to apply for comp

My husband fell on the ice in the company parking lot. He was taken by ambulance to nearest hospital. They diagnosed his injury as a torn acl. He was in a great deal of pain and slightly disoriented when they asked him about workmans comp. He said no at the time but now wants to file. He was hospitalized, had surgery and will require three to four months of PT before he can return to work. Does his statement given in the ER - '' I fell on the ice in the parking lot after work and don't want workers comp'' (this according to the doctor who treated him in the ER) mean he will be disqualified if he files? We have been told by a friend who is an HR director at another company that his statement will ultimately result in the denial of his claim.


Asked on 1/02/07, 9:23 pm

1 Answer from Attorneys
Matthew Hawley Matthew Hawley, Attorney at Law

Re: Said no at hospital - now want to apply for comp

Sorry to hear about your husband. Generally, in Ohio, an injured worker has 2 years from the date of injury to file a claim. The main issues to be determined are whether your husband suffered an injury in the course of and arising out of his employment.

The statement you provide states that your husband didn't "want" workers comp, not that he wasn't entitled to it. I would advise you to seek legal assistance. Feel free to contact me if you require additional information.

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Answered on 1/02/07, 10:05 pm


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