When you are injured on the job, either by accident or because of employer negligence, you deserve to be compensated for your injuries. After all, you depend on your job for your livelihood, and being out of work due to an injury can have dire consequences, such as not being able to support your family. In some cases, for whatever reason, a workers’ compensation claim is denied, either by an employer or the Ohio Bureau of Workers’ Compensation (BWC). Fortunately, there is a way to appeal this decision and obtain the funds you need to move on with your life.
The Ohio workers’ comp appeals lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA realize how distressing these situations can be. You may need that money to stay afloat, or perhaps you have suffered injuries that cannot be covered by the current settlement offer. With their help, you can appeal the decision that was made on your case and gain the funds that you deserve.
The Appeals Process
There are several levels of appeals that may occur in a workers’ compensation claim.
- Industrial Commission – If the BWC or your employer denies your claim, you may appeal that decision to the Ohio Industrial Commission (IC). Your claim may then be reviewed by a District Hearing Officer, Staff Hearing Officer, or by the full Commission at various levels of appeal.
- Court Appeal – If the IC agrees with the denial of your claim or refuses to hear your appeal, you may appeal the decision to the appropriate state court. Court appeals can be extremely complex.
Whether or not a decision made by the BWC or a private insurance is appealable depends on a number of factors. If there is new evidence, for example, it is likely that an appellate venue would be willing to reopen the case. If on the other hand, no new information has arisen, your filing may be denied. If your case is deemed appealable, you will then be required to appear before the Industrial Commission of Ohio.
Without the help of a skilled attorney at Kademenos, Wisehart, Hines & Lynch Co, LPA, it will be much easier for your employer to take advantage of you. The BWC and your employer will likely have attorneys representing their positions at the hearing. Their goal is to deny your claim or pay as little as possible.
Call us today at (419) 625-7770 to get experienced legal representation on your side.
In Ohio, the time requirements for filing an appeals claim are very strict. At appeal levels within the IC, you must file an appeal within 14 days of the workers’ compensation decision. This makes it critical to obtain legal representation as soon as possible.
If you decide to appeal the IC’s decision to the court level, you have 60 days from the time of the last IC decision. However, it can take significant time to complete and file all of the necessary paperwork. Medical records can take months to gather, and other evidence may be necessary to prove your case.
The skilled workers’ comp attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA will do everything in their power to fast track your case and help you win your appeal. Once all of the filing paperwork has been turned in, the appeals process can take a significant amount of time.
Call (419) 625-7770 to begin the process.