What to do if Ohio BWC Denied Workers' Comp Claim?
The Bureau of Workers' Compensation (BWC) reviews thousands of workplace injury claims every year. Generally, they do a credible job of approving benefits for workers who have suffered an injury on the job or families who have lost a loved one in a workplace accident. Sometimes, though, they deny a deserving initial application.
Denied Claim? What Next?
After receiving your initial application, the BWC will review it for completeness. Often, the office may require additional medical records or an accident report supplied by your employer. Once the information is complete, the BWC will review your file and determine whether your claim qualifies for benefits. If your claim is denied, you will be notified and have a limited period of time to file an appeal.
When you file an appeal, your workers' compensation claim moves to the Ohio Industrial Commission (OIC) for a hearing with a district hearing officer. The OIC schedules an informal hearing with a district hearing officer. At the hearing, your attorney will have a fresh opportunity to present the evidence of your case. If the district hearing officer denies your claim, you may appeal further to a staff hearing officer.
You Can Appeal Every Part of Your Denied Claim at the Hearing
The OIC hearing process is informal and is designed to give the claimant every opportunity to start over with fresh evidence in front of fresh faces. At each of the hearings, your lawyer will argue on your behalf and request benefits for any or all portions of the denied claim.
If the OIC Refuses to Hear Your Appeal
The OIC may refuse to schedule an appeals hearing to review your case. In that case, you must wait 60 days before it officially becomes a denied workers' compensation claim. You may then appeal your claim to the Court of Common Pleas in the county where your accident and injury occurred. If the Court of Common Pleas agrees to overturn the denied claim, your case will return to the Ohio BWC, where it will be approved by law. You will begin receiving the benefits you are entitled to. Cash payments will be paid directly by the BWC. Medical benefits will be paid under a managed care organization assigned to your employer.
Denied Claim? What Next?
After receiving your initial application, the BWC will review it for completeness. Often, the office may require additional medical records or an accident report supplied by your employer. Once the information is complete, the BWC will review your file and determine whether your claim qualifies for benefits. If your claim is denied, you will be notified and have a limited period of time to file an appeal.
When you file an appeal, your workers' compensation claim moves to the Ohio Industrial Commission (OIC) for a hearing with a district hearing officer. The OIC schedules an informal hearing with a district hearing officer. At the hearing, your attorney will have a fresh opportunity to present the evidence of your case. If the district hearing officer denies your claim, you may appeal further to a staff hearing officer.
You Can Appeal Every Part of Your Denied Claim at the Hearing
The OIC hearing process is informal and is designed to give the claimant every opportunity to start over with fresh evidence in front of fresh faces. At each of the hearings, your lawyer will argue on your behalf and request benefits for any or all portions of the denied claim.
If the OIC Refuses to Hear Your Appeal
The OIC may refuse to schedule an appeals hearing to review your case. In that case, you must wait 60 days before it officially becomes a denied workers' compensation claim. You may then appeal your claim to the Court of Common Pleas in the county where your accident and injury occurred. If the Court of Common Pleas agrees to overturn the denied claim, your case will return to the Ohio BWC, where it will be approved by law. You will begin receiving the benefits you are entitled to. Cash payments will be paid directly by the BWC. Medical benefits will be paid under a managed care organization assigned to your employer.
How Does the Workers' Compensation Hearing Process Work? |
After receiving your completed workers' compensation claim from your BWC certified doctor or hospital, or from yourself, the BWC will review your file and determine whether your injuries qualify for benefits.
If Your Claim is Denied, File an Appeal
In the event all or part of your claim for benefits is denied, you have a limited period of time to file an appeal through the Ohio Industrial Commission (OIC) workers' compensation hearing process.
Hearing is Scheduled
Upon filing and appeal, the OIC will schedule a hearing with a district hearing officer. The OIC workers' compensation hearing process is informal, generally lasting about 15 minutes. The hearing is usually scheduled in a conference room setting, not a courtroom. The hearing is your opportunity to start your claim from a clean slate. Many people without an attorney make the mistake of going to the hearing alone. In hearings before the OIC, it is important to have a knowledgeable, experienced lawyer present evidence about the accident and injuries sustained. Your lawyer will be able to make your strongest case for any part of your claim that was initially denied, including cash payments, medical coverage or other financial allowances.
Option to Appeal Again
If your district hearing officer denies all or part of your claim, you may have the additional option of scheduling a second hearing with the OIC, in which a staff hearing officer will hear your evidence. Your attorney will present fresh evidence for receiving benefits.
What Can an Experienced Attorney Do for You?
The workers' compensation hearing complex is complicated. Don't let it frustrate you into giving up. It is imperative you have representation at the Industrial Commission hearings to best present your case, the medical records and understand the laws. We have decades of experience successfully arguing denied claims before the Ohio Industrial Commission.
If Your Claim is Denied, File an Appeal
In the event all or part of your claim for benefits is denied, you have a limited period of time to file an appeal through the Ohio Industrial Commission (OIC) workers' compensation hearing process.
Hearing is Scheduled
Upon filing and appeal, the OIC will schedule a hearing with a district hearing officer. The OIC workers' compensation hearing process is informal, generally lasting about 15 minutes. The hearing is usually scheduled in a conference room setting, not a courtroom. The hearing is your opportunity to start your claim from a clean slate. Many people without an attorney make the mistake of going to the hearing alone. In hearings before the OIC, it is important to have a knowledgeable, experienced lawyer present evidence about the accident and injuries sustained. Your lawyer will be able to make your strongest case for any part of your claim that was initially denied, including cash payments, medical coverage or other financial allowances.
Option to Appeal Again
If your district hearing officer denies all or part of your claim, you may have the additional option of scheduling a second hearing with the OIC, in which a staff hearing officer will hear your evidence. Your attorney will present fresh evidence for receiving benefits.
What Can an Experienced Attorney Do for You?
The workers' compensation hearing complex is complicated. Don't let it frustrate you into giving up. It is imperative you have representation at the Industrial Commission hearings to best present your case, the medical records and understand the laws. We have decades of experience successfully arguing denied claims before the Ohio Industrial Commission.
If You Are an Injured Worker, THE OHIO Workers' Comp SYSTEM Is Your ONLY OPTION
When the state legislature created the Ohio Bureau of Workers' Compensation (BWC) in 1912, it established that all employers must participate in the state-operated fund. In return for mandatory participation, all injured employees must seek compensation for on-the-job injuries through the BWC. If you are an injured worker, workers' compensation is in most cases your only option for collecting compensation from your employer. Even if your employer is not currently paying their worker's compensation premiums, you will be covered under Ohio worker's comp laws.
How Do You Collect?
The system for filing a claim isn't supposed to complex, but the Ohio BWC has strict criteria for filing deadlines, notifications and filing requirements. Most injured workers don't know how the process works and can get easily frustrated by the rules. After collecting medical information and accident reports, the BWC will review your claim to determine whether your injury qualifies for benefits and what type of compensation you should receive. If your claim is denied, you will have a limited amount of time to pursue an appeal directly with the Ohio Industrial Commission.
Contact us today for a 100% free consultation to review your case.
How Do You Collect?
The system for filing a claim isn't supposed to complex, but the Ohio BWC has strict criteria for filing deadlines, notifications and filing requirements. Most injured workers don't know how the process works and can get easily frustrated by the rules. After collecting medical information and accident reports, the BWC will review your claim to determine whether your injury qualifies for benefits and what type of compensation you should receive. If your claim is denied, you will have a limited amount of time to pursue an appeal directly with the Ohio Industrial Commission.
Contact us today for a 100% free consultation to review your case.