Appealing a Denied Workers’ Comp Claim in Ohio

On-the-job injuries can present some very real challenges. In addition to your pain and suffering, you have also lost the income you need to stay afloat. Workers’ compensation is supposed to be there to cover your losses, so it’s quite a shock when you are denied workers’ comp benefits. If this happened to you, you need to contact an Ohio workers’ compensation attorney right away.

At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, we have decades of experience assisting injured workers in Ohio. With extensive knowledge and skills, our certified workers’ compensation lawyers Adrienne Hines and Victor Kademenos bring compassion and dedication to every client they serve. To schedule a free consultation, contact us today at (419) 625-7770.

The Appeals Process

When the Bureau of Workers’ Compensation (BWC) denies your claim, the next step is to file an appeal with the Industrial Commission of Ohio (IC). It is important to note that you only have 14 days to take this action.

There are three levels of appeal within the IC, the first of which is a hearing before the District Hearing Officer. The hearing will be held at the Industrial Commission office closest to your home. The second level of the appeal process is a hearing before a Staff Hearing Officer. Finally, you may appeal the denial of your claim to the Industrial Commission itself. However, the commissioners have the discretion to refuse to hear your appeal.

The appeals process is intended to be informal and accessible to workers. You are not required to have an attorney with you, although counsel will likely represent your employer.

Going to Court

If you’ve exhausted your right of appeal with the Industrial Commission, and your claim still gets denied, the next step is to appeal your case to the appropriate court in the county where your injury occurred. This process means you have a further right of appeal should your claim continue to be denied.

Unlike the appeal system with the Industrial Commission, a court appeal will be a highly-formalized process. You will be expected to comply with the court’s procedural rules, and the rules of evidence. In short, it is extremely difficult for non-lawyers to prevail at this point, so we encourage you to seek the help of a skilled Ohio workers’ comp lawyer.

Are you Concerned About a Denied Workers’ Comp Claim? We Can Help

While you aren’t obligated to have an attorney, a workers’ compensation lawyer can help streamline the appeals process as you fight for the compensation you need following an accident at work. At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, we can assist in filing your appeal, and identify the facts and other evidence necessary to help your case. The longer you spend in the appeal process, the longer you are going without the income you need to pay your bills and take care of yourself and your family.

Certified workers’ compensation lawyers Adrienne Hines and Victor Kademenos help injured workers across the state of Ohio overcome a denial of their workers’ comp claims so that they can move on with their lives. If your claim has been denied, we can help. Call our Ohio workers’ compensation attorneys today at (419) 625-7770, or fill out the online contact form to schedule a free, initial evaluation of your case.