Ohio Workers Compensation Denials & Appeals
Fight for Workers’ Compensation Beyond a Denied Claim For Treatment or Compensation
If you have been advised that your claim for Ohio workers’ compensation benefits has been denied, you need to take immediate action. Ohio Revised Code Section 4123 provides a process with multiple opportunities to appeal denied requests for medical treatment and compensation, but for each you have only 14 days to file written notice of your appeal to orders from the Bureau of Workers’ Compensation or the Ohio Industrial Commission.
A workers’ comp attorney with Heller, Maas, Moro & Magill Co., LPA, can help if your requests for medical treatment and compensation have been denied by the Ohio Bureau of Workers’ Compensation. We can help you file notice of an appeal in a timely manner, and work with your medical providers to ensure medical records and information are timely filed in support of your claim.
Your employer has the right to appeal any award of workers’ compensation benefits to you, as well. In such a case, we can help you defend your right to receive benefits for a work-related injury or occupational disease.
We help injured workers in Northeastern Ohio get the workers’ compensation they deserve. If you’ve been legitimately injured and have been denied workers’ compensation, we can help. We know the Ohio workers’ compensation system. We can make it work for you. Contact us without delay.
Appeal a Denied Workers’ Compensation Claim
As an injured or ill worker seeking workers’ compensation benefits, you have three opportunities within the workers’ comp system to appeal a denied claim. Beyond the appeals process, if you remain unsatisfied, you may take your case to court.
Any party to the claim — the worker, the employer, the Bureau of Workers’ Compensation (BWC), or the authorized representative of either the worker or employer — may file an appeal after an unfavorable decision.
All appeals of BWC decisions are heard by the Ohio Industrial Commission (IC).
At each level of appeal, the request for a new review of the case must be made in writing and within 14 days of the previous decision.
There are three levels at which a contested claim may be heard within the Industrial Commission:
- District Level: If the decision regarding an initial application for workers’ compensation benefits is contested, it goes to a hearing before a district hearing officer (DHO). The hearing is held at the Industrial Commission office nearest to the injured worker’s home. Any of the parties involved may present any information they’d like to regarding the dispute. After the hearing, an order detailing the DHO’s decision is mailed to the parties.
- Staff Level: After the DHO’s decision has been received, any party may appeal and will be granted a second hearing before a staff hearing officer (SHO).
- Commission Level: A worker or employer dissatisfied after a staff level hearing may appeal to the Commission level; however, at this point the IC has discretion. The three Industrial Commission commissioners may refuse to hear the appeal, or may agree to a hearing.
In conjunction with these hearings (or at any point while considering a workers’ compensation claim), the employer or the BWC may have the injured workerunder go a medical examination. The employer or the BWC will pay for the exam, but the injured worker is required to attend any exam scheduled, or their claim and/or any benefits already approved can be suspended.
At each hearing, IC officials will expect the additional information pertinent to the issue set to be heard, like current medical reports, written witness statements, etc. The worker or employer requesting the hearing will be expected to submit the original and two date-stamped copies of these documents to the IC.
At each of the appeal levels, hearings are meant to be informal and less intimidating than courtroom proceedings, while still allowing injured workers and employers to fairly present their positions. You’re not required to have a lawyer with you, but each party can be represented by an attorney or another person authorized by the IC. Your employer will likely have their own workers’ compensation attorney representing their position.
At any IC hearing, you should have someone on your side who has a thorough understanding of the Ohio workers’ compensation system. Heller, Maas, Moro & Magill Co. can provide that advantage to you. We know the system. We know what the BWC expects in a claim application. You are no longer alone.
Taking Your Workers’ Compensation Claim to Court
If the Industrial Commission’s final decision is to deny your claim or condition, you can appeal your case to the Court of Common Pleas of the county in which the injury occurred. Taking your claim to court is a more formal process and can include depositions and expert testimony. An appeal to court often results in a jury trial.
We’ll Help You Appeal a Denied Ohio Workers’ Compensation Claim
If you have been denied workers’ compensation benefits in Ohio, put Heller, Maas, Moro & Magill Co. to work on your appeal today. We know the system and will fight for you. We want you to have all of the workers’ compensation benefits you deserve.
Our attorneys stand up for injured and disabled workers who need the workers’ compensation benefits they have been promised by Ohio state law. We know what workers like you and families like yours are going through. You are no longer alone.
For more than 30 years, Heller, Maas, Moro & Magill Co. has worked to protect the rights of injured workers in the Mahoning Valley of Northeastern Ohio. We can make the system work for you. Call us today.