When you make a claim for workers’ compensation here in Ohio, and that claim is denied, it can be stressful, discouraging, and scary. You know your claim is legitimate, and you know you need help from the system to make sure that you’re ok during this stressful and difficult time. Acting quickly and preparing properly are absolutely essential to making sure that your rights are protected, though, so don’t let the frustration of the denial and the uncertainty about how to proceed make you wait to take action. We can help guide you through the actions you need to take in order to appeal your claim for workers’ compensation in Ohio.
Step 1: Initial 28 Day Decision Period by the Ohio Bureau of Workers’ Compensation (BWC)
The first step in any Ohio workers’ compensation case is to file your claim with the Ohio Bureau of Workers’ Compensation. If your claim is successful, congratulations! If not, we’re here to help. If your workers’ comp claim has been denied, don’t despair. It is fairly commonplace for claims that are initially denied to be accepted during the appeals process, but time is of the essence, and you need to handle the appeal properly.
Step 2: 14-Day Window to File a Notice of an Appeal
Once you have been informed that your claim was unsuccessful, you have 14 days to notify the Industrial Commission of your intention to appeal the decision, using form IC-12. It is very important to adhere to this deadline. If you chose not to hire a lawyer for your initial claim, you can do so now, and a law firm with workers’ compensation experience can make sure your form is filed correctly and on time.
Step 3: Prepare for Your Hearing
Typically, within the 45 days following your filing of a notice of appeal, you will be granted a hearing for your appeal to be heard. While you wait for your hearing, you should prepare, gathering any necessary evidence and focusing on any grounds for the initial denial. Make sure you have photographs, doctor’s records, records of missed work, and any witness statements that are important for your case. This step is a place where professional legal advice can make a huge difference in the outcome of your case. We have many years of experience with workers’ compensation claims, and we know what types of evidence are needed to convince the Workers’ Compensation Bureau of the veracity of your claim. We can help you understand why your initial claim may have been denied, and can help you prepare so that the upcoming hearing doesn’t feel so overwhelming and intimidating.
Step 4: District Level Hearing: Present a Compelling Case
This first appeals hearing is your best opportunity to make your case and have your claim approved if your initial claim was denied. To increase the likelihood of a favorable outcome, you want to be prepared to calmly and factually present your evidence. It is a good idea to have legal representation at this hearing — your initial claim was denied, so presenting the same evidence in the same way as your initial claim is not likely to lead to a different outcome.
Step 5: Further Appeals
If your appeal is denied, you still have other opportunities to present your evidence and convince the Bureau that you deserve workers’ compensation benefits. Beyond the initial district level hearing, you can move forward to a staff hearing officer, the industrial commission, and the court of common pleas, if necessary. If you chose not to have legal representation during your first appeal, and it was denied, we encourage you to seriously consider legal representation for subsequent appeals to help you make sure your evidence is presented in a clear and convincing way. We are here to help.
The process of appealing a workers’ compensation claim can be time consuming, stressful, and scary, exactly at a time that you don’t have extra time and don’t need extra stress. Please consider working with a local, Cincinnati workers’ compensation attorney for your workers’ compensation appeal. Your outcome is more likely to be favorable, and the process will be less intimidating with our help.