What if my Ohio Bureau of Worker’s Compensation claim for a work injury is denied?

If you file an application with the Ohio Bureau Worker’s Compensation (BWC), which is accomplished by filing a form called a FROI (first report of injury), with the BWC and the BWC claims examiner denies your claim, you only have fourteen (14) days, from the date you received the order, to file an appeal.

Our recommendation is to immediately contact our office in order to review your case, and to file the appropriate documents to preserve your rights. If an appeal is appropriately and timely filed, a first level hearing is scheduled with the Industrial Commission of Ohio. These hearings take place before a District Hearing Officer of the Indsutrial Commission, and can be attended in person or by phone. After the District Hearing Officer  makes a decision an order is issued. All parties invovled in the claim (injured worker, employer, or the BWC) are entitled to appeal this order within fourteen (14) days of receipt of the order in the mail.

If the the first level hearing, or DHO hearing, is appealled, then a second level hearing takes place before the Indsutrial Commission of Ohio. A second level hearing is heard by a Staff Hearign Officer (SHO). Like the first level hearing, a Staff Hearing Officer's Order is appealable for fourteen (14) days. In most cases, howeve,r a third elevl appeal is denied without a hearing. Thereafter, the parties have sixty (60) days from receipt of the order to file an appeal into the Court of Common Pleas (that is located in the county in which the injury occurred). This appeal will lead to a jury trial before the Court. As you can see, the assistance of an attorney in these matters is necessary. Please contact our office to discuss a denied claim and/or request in your claim.