Your Workers’ Comp Claim Was Denied. Now What?
A denial letter feels final. It isn’t. In fiscal year 2024, 10,777 Ohio state-fund claims were disallowed or dismissed out of 77,109 filed—about one in seven. Ohio gives injured workers several chances to appeal, and every one comes with a short deadline. Here’s how to fight back.
1. Find out who said no.
Your employer usually doesn’t make the call. For most Ohio employers, the Bureau of Workers’ Compensation issues the first decision, and the employer’s role is to contest it. The bureau is supposed to rule within 28 days of notifying both sides that the claim was filed. The exception is the roughly 1,100 self-insured employers that handle their own claims. Read the order to see who issued it and the reason given.
2. Appeal within 14 days.
You have 14 days after receiving the order to appeal to the Industrial Commission of Ohio. Two weeks goes quickly, so file the appeal first and build the case second.
3. Get ready for the district hearing.
The law calls for a hearing before a district hearing officer within 45 days of your appeal and a decision within 7 days after that. In fiscal year 2024, the commission heard 88,302 claims, and allowance hearings came an average of 38 days after filing. Bring three things:
- Medical records that tie the injury to the job
- Statements from coworkers who saw what happened
- The incident report and any photos of the scene
4. Appeal again if you lose.
A loss at the district level is not the end. You get another 14 days to appeal to a staff hearing officer, then 14 more to ask the full commission to take the case. Each hearing is again due within 45 days. Keep in mind, the commission can refuse to hear the case.
5. Take it to court.
After the commission’s final order, you have 60 days to appeal to the court of common pleas, where a jury can decide your right to participate in the system. The appeal is filed in the county where you were injured. This route does not cover disputes over the extent of your disability.
6. Don’t accept punishment for filing.
Ohio law bars an employer from firing, demoting, or reassigning you for pursuing a claim. The deadlines are tight here too: written notice to the employer within 90 days and a lawsuit within 180.
Every level of this process runs on deadlines counted in days, and one missed date can end a valid claim. Treat the denial as the start of the fight.
If your workers’ comp claim was denied and the clock is running, the Law Offices of Tim Misny can help you appeal. I’ll Make Them Pay!® Call my office at (877) 614-9524 so I can evaluate your case right away.
