If your workers’ comp claim is denied, the Ohio Bureau of Workers’ Compensation (BWC) will send a letter explaining the reason for your rejection. You may be denied due to a variety of factors, including lacking sufficient injury evidence, filing your claim past its deadline or making a claim for an injury not reimbursable through workers’ compensation. Fortunately, a claim denial is not final.
If you believe that your claim was wrongly rejected, you can hire an experienced workers’ compensation attorney to appeal the decision.
Tom Morgan has over 45 years of workers compensation experience. We understand what evidence the BWC requires to accept a claim and how to secure maximum benefits. For best results, you should contact our firm immediately after your accident; however, we can step in at any stage of the claim process.
Our Ohio lawyers are detail-oriented and can quickly identify areas of weakness to strategically improve your application and enhance your chances of success. Our attorneys are additionally experienced with the appeals process and can represent your case before the court of appeals if necessary.
If possible, it is preferable to avoid a workers’ compensation denial altogether. To provide your claim with the best chance of success:
Has your workers’ compensation claim been denied? Do you disagree with the order issued by the Bureau of Workers’ Compensation (BWC)? A workers’ compensation appeals lawyer at Morgan & Justice in Columbus can help you with the next step. We are committed to protecting employee rights and making certain injured workers get maximum compensation.
The appeals process varies depending on what issue is in dispute. For example, if the dispute is over medical treatment, there is an alternative dispute resolution (ADR) process that may be followed. However, the basic steps are typically as follows below:
The first level of appeals through the Industrial Commission of Ohio is with a district hearing officer at one of 14 locations statewide. These hearings occur within 45 days of filing an appeal. Our attorneys will gather any supplementary medical documentation and other information to present a strong case at this hearing. A decision is issued within seven days.
If the decision made by the district hearing officer is not acceptable, the next step is an appeal in front of a staff hearing officer. Again, we will thoroughly prepare for this hearing, taking great care that we have all of the evidence necessary to argue your case. This hearing will occur within 45 days of filing the appeal and a decision will be issued within seven days.
If the results are still not favorable, an appeal can be presented at a hearing before the Industrial Commission itself. With over 45 years of experience with workers compensation law, our lawyers are well-versed in handling appeals at this level. We will present a compelling case in favor of you getting the much-needed workers compensation benefits.
If the decision is still not acceptable, and if appropriate, we can further pursue your workers' compensation matter in the court of common pleas or court of appeals.
Was your workers comp denied? Contact us as soon as possible to ensure all appeal deadlines are met.