When you put in the hours at work, doing the tasks you are assigned, the last thing you should worry about is getting injured or falling sick due to your work activities. Yet, that is often the case with workers who are hurt in the line of work. While that is already bad, it is worse when you expect to get your workers’ compensation benefits only to receive a denial notice. That can be gut-wrenching.

However, do not lose hope. Depending on the circumstances, you may be able to successfully appeal the denial. Our Findlay workers’ compensation appeals lawyer at Schaffer & Associates can help figure out what went wrong and, where necessary, take the necessary steps to fix those issues and get your well-deserved benefits. Call today to explore your legal options with an experienced workers’ comp attorney.

Understanding the Reasons for a Worker’s Claim Denial

A workers’ compensation claim’s notice of rejection is not the end of the world – although it can feel like it. Sometimes, the denial is due to one or more of the following:

  • Not getting or seeking adequate medical help immediately
  • The insurer determines that the injury or illness is not serious enough to warrant a compensation claim
  • Inadequate proof of a direct link between injury or illness and work-related activities
  • Not filing the claim or reporting the injury within the required timeframe
  • Lacking medical proof of the illness or injury
  • The worker’s pre-existing medical condition
  • The employee was inebriated or impaired due to their consumption of narcotics or alcohol
  • The staff member was involved in a rough or dangerous activity before their injury
  • Injury or illness occurred outside working hours or office premises
  • Employer disputes the injury or illness

Although the statute of limitations is one year for work injuries and two years for illnesses, employees are required to inform their employer as soon as they can. This means ideally within 24 hours. Upon receiving the report of injury, employers are mandated to inform their workplace injury insurance policy provider and the Bureau of Workers Compensation (BWC) within 7 to 14 days of notification – ideally, immediately.

If your claim has been denied, a Findlay workers’ compensation appeals attorney can help you navigate the appeals process, gather the necessary evidence, and ensure your rights are fully protected.

The Workers’ Compensation Appeals Process

Ohio’s Bureau of Workers’ Compensation (BWC) will often highlight the reason for the denial. This is vital information that an experienced workers’ compensation appeals lawyer in Findlay and the surrounding areas can use to determine the possibility of an appeal or a reversal.

If the attorney reviews and investigates the case and finds new evidence or proof that counters the reason for denial, they can file an appeal. The process usually involves filing a Notice of Appeal (IC-12), attending a hearing before an administrative judge at an Industrial Commission in Lima – this is closest to Findlay – and presenting the new evidence or proof.

If the new evidence is sufficient, the denial will be revoked and the workers’ compensation claim approved. If the administrative judge rejects the new proof and the lawyer is still convinced of the validity of the claim, the case can be taken to the Common Pleas Court here in Findlay.

Let Our Findlay Attorneys Help You Appeal Your Workers’ Comp Claim

Ideally, your workers’ compensation claim process should be fairly straightforward, with you receiving your deserved benefits within 14 days. Unfortunately, that is not always the case. However, with our Findlay workers’ compensation appeals lawyer, we can help turn things around and fight for your right to receive your benefits.

At Schaffer & Associates, our local attorneys fully understand the financial stress that an injury can put upon families. As Ohio locals –born and raised, we know this firsthand and are committed to lending a helping hand to fellow Ohioans like you until you get through this tough period. Call us today to discuss your case.