If you sustain a work-related injury or illness in Ohio, you likely qualify for workers’ compensation to pay for lost wages, medical expenses, and other related damages. For many employees, filing an accepted work injury claim may be as simple as notifying an employer of the injury or disease and following through on the proper steps through the Ohio Bureau of Workers’ Compensation (BWC).
However, not all claims go as smoothly, and some get denied. Anyone whose claim is denied may have to undergo a complicated and time-consuming workers’ comp appeal process.
Levels of the Appeal Process
In most cases, injured workers are competent enough to handle their own appeals. Nevertheless, they stand a better chance of overturning a denial early in the process if they retain experienced legal counsel. An employee might benefit from having a worker’s comp attorney guide them through up to four levels of appeal with Ohio’s Industrial Commission (IC):
- District level— The hearing takes place at the IC office nearest your residence. At this level, the District Hearing Officer (DHO) first hears your appeal and your employer’s answer. After the hearing, the DHO mails the decision to all involved parties.
- Staff level— If you are dissatisfied with the DHO’s decision, you have 14 days to file an appeal to the Staff Hearing Officer (SHO), who schedules a second hearing for both parties to present their cases. After this hearing, the SHO weighs both sides’ presentation of the evidence and mails a decision to all involved parties.
- Commission level— You have 14 days to appeal the SHO’s decision at the third level, which is discretionary. This means that the three industrial commissioners charged with hearing these cases may refuse to hear yours. For appeals they agree to hear, they follow a process similar to those at the district and staff levels.
- State court— If your case remains unresolved after progressing through the first three levels, you may take it to the state court if your workers’ comp lawyer deems it appropriate. At this point, your attorney will prepare supporting evidence and present your case on your behalf.
Even though you do not require legal representation during the first three levels of appeal through the IC, you likely will not win your claim without it. Winning an appeal takes legal skill, experience, and extensive knowledge of workers’ comp law. Therefore, a qualified workers’ comp attorney is your best bet for obtaining and presenting the evidence you need to win your claim early in the process. An experienced Cincinnati workers’ compensation attorney at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., can increase your chances of overturning your claim denial and help you obtain the benefits you need for your recovery.