It isn’t bad enough that you were injured at work. On top of the stress of being injured, you find out your claim has been denied. Although it may seem like the end of the road, many people have their initial workers’ compensation claims denied.
The paperwork for workers’ compensation benefits is complex, and there are several reasons that your claim may be denied: missed deadlines, questions regarding the injury being work-related, or your condition does not fall within state guidelines for compensation.
In any event, don’t give up your right to compensation. You are entitled to appeal the original decision, but there is a deadline for the process. In Ohio, you must file an appeal with the Industrial Commission of Ohio (IC) within 14 days of receipt of the denial of your claim by the Bureau of Workers’ Compensation (BWC.)
Unless the denial was due to a simple error, it is best to seek a workers’ compensation attorney as soon as possible. An experienced lawyer can ensure all the necessary paperwork is processed accurately and quickly.
Administrative Appeal Process
- The first level for an appeal to a workers’ compensation claim denial occurs in front of the district hearing officer. Although you may represent yourself, having an attorney with you is more prudent. Your employer will likely have legal representation. Before the hearing, an attorney can gather medical evidence and ensure that all documentation is accurate to support your claim better.
- If your appeal is unsuccessful here, you can request a hearing in front of a staff hearing officer. This is also a primarily administrative hearing process, but an attorney can help gather needed evidence and supporting documentation.
- The last level of appeal is to the Industrial Commission. At this point, the commissioners can refuse to hear your challenge.
Appealing to the Court
If you have exhausted all avenues within the administrative hearing process with the Industrial Commission to no avail, your next step will be to appeal to the courts. At this juncture, your case will go before the court in the county where you sustained the injury. This process will be much more formal, and an attorney will be necessary to ensure that all procedural rules are met and that the evidence is in compliance. Your success at this stage is dependent on having a knowledgeable and experienced attorney.
The workers’ compensation lawyers at Gallon, Takacs, and Boissoneault are here to ensure your rights to all eligible compensation. Our experienced Michigan and Ohio workers’ compensation attorneys can help you file an appeal to your workers’ comp claim denial.
Call us at 419-843-6663 or contact us online to schedule a free consultation. Let our attorneys accurately and expediently navigate the legal process and paperwork so that you can focus on your recovery.
Ted Bowman is a Senior Associate and practices in the Workers’ Compensation and Social Security Disability sections. Ted began his career with GT&B in 1988. His reputation and success record as a trial lawyer arguing before the Industrial Commission on behalf of injured workers, as well as in trial courts and the Supreme Court of Ohio, are well known.
