It happens! Sometimes Ohio Worker’s Compensation Claims are denied. As an injured worker, you can have a legitimate claim for a work-related injury or occupational disease but still be turned down.
Here are some of the reasons why:
- No medical report was attached that related your injuries to the incident.
- You had pre-existing problems with that body part.
- There were no witnesses to the incident.
- You never reported the incident to your employer.
- You waited too long to seek medical treatment.
- Your employer has their own exam stating that there was no compensable injury or that it is due to degenerative problems or arthritis.
- You have arthritis, which is generally not an allowable diagnosis in Ohio (except for certain circumstances).
- Your application does not describe a compensable injury (read more about “what is compensable in an upcoming blog post).
What should you do if your claim of Ohio Workers Compensation Denied? You will need to file an appeal with the Ohio BWC (for a BWC order) or the Ohio Industrial Commission (for an ICO order). Be careful, as there is a very short appeal period. Remember that things get lost so you need proof that you filed the appeal.
If you need help filing an appeal, now would be a good time to seek out experienced representation at HMMM.
The son of a Youngstown steelworker who worked himself in steel mills as a young man, Joseph A. Moro is acutely aware of the challenges that working people face and the dire impacts that injuries and impairments can have on them and their families. After he earned his undergraduate degree from Youngstown State University and his law degree from the University of Cincinnati College of Law, Joseph has largely dedicated his practice to handling workers’ compensation and personal injury cases. He is a fluent Spanish speaker who is certified as a Workers’ Compensation Specialist by the Ohio State Bar Association (OSBA) as well as a certified Veterans Affairs Representative. He currently serves as the OAJ Regional Representative for Youngstown-Warren and on the OSBA Workers’ Compensation Specialty Board.