denied workers compensation claims

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. 

If possible, it is preferable to avoid a workers’ compensation denial altogether. To provide your claim with the best chance of success:

• File an injury report with your employer immediately after your accident.
• File a workers’ compensation claim with the BWC within two years of your injury.
• Obtain medical treatment for your injury. 
• Collect evidence to support your claim.
• Adhere to all claim deadlines or you may forfeit your right to benefits.
• Discuss your case with our attorneys to ensure that you adhere to all claim requirements.

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.