When workers are hurt while on the job, they have the legal right to file claims for their medical bills, time away from work, and lost income. If a workers’ compensation claim is denied because the employer doesn’t believe the injury happened at work, it pays to have an experienced attorney on your side. Call or click today to schedule a no-obligation consultation.
Why Injury Claims Are Denied
Employers deny work injury claims for various reasons. Sometimes, they believe conditions are pre-existing or that an injury happened during a worker’s downtime. A few common reasons for claim denial include:
- The employer’s desire to decrease coverage costs and minimize payouts
- The claim was not filed in time or was submitted after an employee was laid off or terminated
- There were inconsistencies in the paperwork or the employee’s story
In other cases, they allege that injured employees took part in horseplay, performed their job duties improperly, or faked injuries. For a claim to be successful, clients and workers compensation attorneys must prove that an injury is legitimate and that it happened during employment.
How a Workers’ Compensation Lawyer Helps Employees
If a workers’ compensation claim is denied because an employer disputed the nature and circumstances of the injury, an attorney can help a worker gather the evidence needed to prove that they do, in fact, qualify for benefits. A lawyer will help his or her client document:
- Where and when an accident happened
- The physical and mental requirements of the job
- How an employee’s work duties relate to their injuries
- The client’s short- and long-term medical needs associated with the injury
- Whether the injury has caused lasting damage
After they’ve worked to gather important evidence, an attorney will appeal to the state’s Industrial Commission within two weeks. These appeals begin at district level, proceeding to higher levels if required. After the appeal is filed, a hearing will be held within 45 days.
What Happens Next?
Once a hearing officer accepts the appeal, the commission will decide within one week. If the claim is once again denied, the worker has two weeks to take the appeal to a higher level. In some instances, the commission refuses to hear appeals, and clients get the courts involved. When workers use this strategy, they have 60 days to file their claims.
Find an Attorney Who Will Provide Help, Advice, and Advocacy Through the Appeals Process
If you’ve been hurt on the job and denied workers’ compensation benefits in Ohio, put the firm to work on an appeal today. We know the state’s laws and its legal system, and we will put that experience to work for every client. Our lawyers stand up for hurt and disabled workers that need the benefits they are entitled to receive. We know how tough it is to make ends meet after an on-the-job injury, and we’ll help your family make it through the process. Request additional information online or call today to schedule a no-obligation consultation with a workers’ compensation attorney.