If you suffer an on-the-job injury or occupational illness, you’re entitled to compensation from the Ohio Bureau of Workers’ Compensation (BWC). As long as you seek appropriate paperwork and see approved medical providers, you claim should be approved. What should you do if your claim is denied?
Ohio workers’ compensation appeals
Fortunately, if your claim is denied, you can appeal the decision. The appeal must be filed within 14 days of receiving the order, either online, with the Industrial Commission, or in person or by fax. The 14-day period can also be waived, as long as both parties agree and fill out the necessary forms.
After the Industrial Commission receives your request for an appeal, they will hold a hearing. The Industrial Commission will notify the parties two weeks before the hearing is to be held. This is typically at the Industrial Commission office closest to the worker’s home address.
Both parties are allowed to present evidence. At the hearing, you’ll be allowed to represent yourself or hire legal counsel at your own expense. Depending on the complexity of your case and why your claim was denied, hiring an attorney is usually wise. Simple paperwork mistakes can be resolved on your own, but questions of when the injury occurred, how, whether it was on the job and how severe it is are typically complex cases. Having a skilled attorney on your side will ensure that your case is presented in the best light possible.
After the hearing, the Industrial Commission will review the evidence and come to a decision. They will notify the parties of their decision afterwards. Each party may have the option to appeal to two more levels, should they not be satisfied with the outcome.
What to do if your claim is denied
If you find out that your workers’ compensation claim has been denied, call the Law Offices of Tim Misny right away. Unless the other party agrees to a time waiver, you have just 14 days to file an appeal. Depending on the severity of your injuries or illness, you may be entitled to ongoing medical coverage, partial or total disability benefits and more. When your case is complex, you can benefit from a lawyer’s knowledge of workers’ compensation claims, common issues and the appeals process. Once the appeal has been filed, your attorney will gather the necessary documentation to support your claim.
Discuss your claim with an Ohio workers’ compensation attorney
The Law Offices of Tim Misny can help you with your workers’ compensation claim. If you were injured on the job, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.