Filing a workers’ comp claim can be complex and time-consuming, and you want your efforts to culminate in fair compensation. However, your claim for workers’ compensation might be denied. If this happens, you may still have some recourse if the denial is unjustified. That is when you should turn to an experienced workers’ comp lawyer who can help you appeal the decision.
Why Would a Workers’ Comp Claim Be Denied?
Within 28 days after you file a claim, the Ohio Bureau of Workers’ Compensation (BWC) must render an approval or denial. The most common reasons for rejection include lack of information or an incomplete application. If the BWC denies your claim, you will receive a written order reflecting the decision and the reason.
A denial of your claim does not necessarily signal the end of the process. If you disagree with the BWC’s decision, you can turn to an attorney who may file an appeal within 14 days. A hearing will soon follow to consider your appeal.
The Industrial Commission administrates the hearings for the appeals process. Unlike more structured court proceedings, appeals hearings are slightly less formal and feel more like meetings. They are usually short and typically last less than an hour. A typical appeals hearing follows this format:
- At the meeting, you, your attorney, your employer, your employer’s counsel, and the hearing officer are usually in attendance.
- Each side presents its case regarding your claim.
- Either side may present medical reports, witness testimony, or other relevant evidence to support their case.
- The hearing officer reviews the case and the evidence and sends a decision to all parties via US mail.
The rules of conduct for appeals hearings stipulate that you, the claimant, do not have to be in attendance. However, whether you should be present is something you should discuss with your lawyer.
You do not have to accept a denial of your worker’s compensation claim. If you have a strong case, a law firm experienced with workers’ compensation cases can help you through the appeal process. A skilled workers’ comp attorney knows the strategies to approve your claim. Consult an experienced lawyer who can assess your case and advise you on the course of action that is best for you.