Statute of Limitations
Ohio: 2 years from injury for civil lawsuits; workers' comp administered by Ohio BWC; formal claim within 1 year
2 years (civil lawsuit); BWC claim within 1 year
Where to File in Ohio
Ohio construction injury claims are filed in the Court of Common Pleas in the county of injury. Cuyahoga (Cleveland), Franklin (Columbus), and Hamilton (Cincinnati) counties handle the largest volume of construction tort litigation. These are purely state court matters — no federal MDL governs standard construction accident claims.
Ohio's statute of limitations for personal injury is two years from the date of injury (Ohio Rev. Code § 2305.10). For wrongful death arising from a construction accident, a separate two-year period applies under § 2125.02. Products liability claims against equipment manufacturers may carry a different limitation — confirm based on claim type.
Ohio has no scaffold law imposing absolute liability. Negligence and premises liability standards apply. Ohio Rev. Code Chapter 4121 governs workplace safety through the Ohio Bureau of Workers' Compensation's Division of Safety and Hygiene. OSHA citations from the Cleveland and Cincinnati area offices are commonly introduced as evidence of the applicable standard of care in Ohio construction litigation.
Ohio's workers' compensation system (Ohio Rev. Code § 4123.74) provides the exclusive remedy against a state-fund employer but permits third-party suits against general contractors, subcontractors, owners, and equipment manufacturers. Ohio applies a modified comparative fault rule — plaintiffs more than 50% at fault cannot recover. Ohio also recognizes the intentional tort exception: a deliberate employer act creating a virtual certainty of injury can pierce the comp exclusivity bar.
Exposure in Ohio
Source: Ohio Bureau of Workers' Compensation
Source: CPWR Construction Industry Data — Ohio