Ohio

Find an Attorney in Ohio

Ohio is one of four states with a monopoly state-run workers’ comp insurer (BWC) — private employers can’t buy traditional workers’ comp from a carrier. Add modified comparative fault, statutory med-mal caps, and 88 counties of Common Pleas courts, and procedural rules vary noticeably by county.

Practice areas in Ohio

Common questions about Ohio attorneys

Two years from the date of injury under R.C. § 2305.10 for most negligence claims. Claims against political subdivisions require a 2-year SOL under R.C. § 2744 and have substantial immunity defenses. Medical malpractice has its own 1-year SOL under R.C. § 2305.113, with a 180-day notice extension if invoked.
Ohio is one of only four states where workers’ comp insurance is exclusively provided by a state agency — the Ohio Bureau of Workers’ Compensation (BWC). Private employers can’t buy traditional workers’ comp from a private carrier; they pay premiums to BWC or qualify as self-insured under BWC oversight. Claims are decided by BWC and the Industrial Commission. Wyoming, Washington, and North Dakota have similar systems; every other state allows private comp insurance.
Yes — non-economic damages are capped under R.C. § 2323.43 at the greater of $250,000 or three times economic damages, up to $350,000 per plaintiff or $500,000 per occurrence. For "catastrophic" injuries (permanent and substantial physical deformity, loss of use of a limb or organ), the cap rises to $500,000 / $1,000,000. Economic damages aren’t capped. The Ohio Supreme Court upheld these caps in Arbino v. Johnson & Johnson (2007).
Under R.C. § 2315.33, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. Ohio also has joint-and-several liability limits — defendants found less than 50% at fault are generally only responsible for their proportionate share, not the full judgment.
Ohio caps workers’ comp attorney fees at one-third of the new compensation awarded under R.C. § 4123.06, subject to BWC approval. The carrier doesn’t pay the lawyer’s fee in standard BWC claims — the fee comes out of your recovery. In death claims and certain disability claims, the cap and approval rules differ. The Industrial Commission can also approve fees in specific contested matters.

Ready to find your attorney?

Tell us what happened — we’ll match you with a Ohio attorney who can evaluate your case.

Find my attorney

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.