Ohio workers who suffer workplace injuries or who are afflicted with an occupational disease or have some other issue that prevents them from working can seek workers' compensation benefits. However, there are times when there is a dispute between the worker and the Bureau of Workers' Compensation about the decision. If there is a denial of workers' compensation, the worker has the right to appeal. There are important points to remember regarding the appeal and how to move forward with it.
The BWC must receive the appeal in written form. The following information must be included: the worker's name and the name of the employer; the claim number; the date of the order about which the employee is seeking an appeal; and the reason that the appeal is being filed. It must be signed and dated. Workers will have a certain timeframe in which the appeal must be filed. In general, it is 14 days after the order was received. It will say on the order what the timeframes are. Any decision made by the BWC can be appealed, provided it is done within the timeframe. After the BWC gets the appeal, it will be forwarded to the Industrial Commission of Ohio.
All claim disputes will be heard by the IC. The IC and BWC are two separate agencies, but they work alongside one another. The IC makes the decision if there is a dispute about workers' compensation. The hearing will be held at an office closest to the home of the claimant. The claimant can attend the hearing and present evidence as to why the decision should be changed. After the hearing, there will be a written notice of the decision once it is made.
Being rejected for workers' compensation benefits can be a worrisome time for a person who has suffered an injury or became ill due to work. However, there is an opportunity to appeal. When seeking an appeal, it is wise to get more information about workers' compensation law.
Source: bwc.ohio.gov, "Appeal information," accessed on Sept. 18, 2017