If you are injured in the course of your employment, you are likely eligible for workers’ compensation benefits. But what if you file a claim with the Ohio Bureau of Workers’ Compensation (BWC) and you disagree with the results? At that point, you can appeal to the Ohio Industrial Commission.
To receive all the benefits you deserve, you should consult the workers’ comp attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. Attorneys Adrienne Hines & Victor Kademenos are certified specialists in workers’ comp law, meaning they have specialized training recognized by the Ohio Bar Association. This gives us tremendous insight into workers’ comp eligibility, the claims process, and what makes for a successful appeal.
Give us a call at (419) 625-7770 to set up a free consultation about your workers’ comp claim appeal.
How Ohio Workers’ Comp Appeals Works
Once you receive an order from the BWC regarding the payment or denial of your claim, you have a right to file an appeal with the Industrial Commission (IC) if you disagree with the order. Appeals can be filed by using specific forms required by the IC and returned to a local IC office. Your appeal can also be filed online.
After the appeal is filed, you and your employer will be notified at least 14 days before the hearing. The notice will contain the date, time, and location of the proceeding and set forth what is in dispute. Typically, your hearing will be at a local office closest to your home.
It’s important to be on time as hearings are usually about an hour and several are scheduled throughout the day. These informal hearings are typically in small rooms with just a few people present, so it is less intimidating for the participants.
While legal representation is not mandatory, an experienced workers’ comp attorney will advocate on your behalf at the IC appeals hearing. Keep in mind that your employer may have an attorney present or other authorized representative, like a third-party administrator, to argue on its behalf. Going it alone for your IC appeal could put you at a disadvantage.
Preparing for the IC Hearing
To prepare for your Industrial Commission appeal, you must gather all current medical reports and witness statements before the hearing date. You’ll need to bring the originals and a couple of copies of all the documents you wish to submit.
Understand that if you file an appeal with the IC, it may trigger requests for additional medical exams. You must comply with your employer’s request for a medical examination. If you don’t go to the exam, your claim may be suspended. The IC may also request its own medical exam conducted by an IC-selected doctor. If the IC orders the exam, it is at no cost to you, and you can also be compensated for expenses related to your attendance.
The IC Hearing Decision
When the IC makes its decision regarding your appeal, you and your employer will receive the notice by mail. If the IC grants your appeal, compensation will be paid to you even if your employer decides to appeal the IC order. If you remain unsatisfied by the IC decision, you also have additional avenues for appeal, which a workers’ comp attorney can explain in detail.
If you’ve received notice of an IC hearing decision, but you were never notified of an appeals hearing so you could participate, you may have grounds to set aside the decision.
We Can Help with Your Industrial Commission Appeal
Your primary focus needs to be on healing and returning to work. The laws and procedural rules surrounding workers’ compensation are complicated. People re unfairly denied benefits all too often. The workers’ comp attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA can help you receive the compensation you deserve.
Call us today at (419) 625-7770 to discuss your workers’ comp claim and for assistance with Industrial Commission appeals.