Dayton Workers’ Compensation Attorney For Appealing Denied Claims

Were you injured on the job and denied the workers’ compensation benefits you need for medical treatment? A denial can be frustrating, but it is not the end of your claim. If you want to appeal that decision, you need a lawyer who knows the process and can build the strongest case to overturn the denial.

I’m Todd Miller, a certified specialist in workers’ compensation law by the Ohio State Bar Association. For over 30 years, I’ve focused exclusively on helping Ohio’s injured workers – especially in complex and challenging cases, such as those involving denied claims and appeals. At my firm in Dayton, Todd Miller Law LLC, I represent clients throughout southwest Ohio.

Understanding The Workers’ Compensation Appeals Process

If the Ohio Bureau of Workers’ Compensation (BWC) or your employer’s insurer denies your claim, then you have the right to challenge that decision through an appeals process. These hearings might seem informal, but the decisions made in them can permanently affect your benefits.

Here’s a general overview of what to expect:

• Act quickly: You typically have only 14 days from the date of the denial order to file an appeal. Missing this deadline can cause you to lose your right to challenge the decision.
• File the correct paperwork: You file the first appeal with the Ohio Industrial Commission (IC), usually by submitting an appeal form through the BWC/IC system.
• Prepare for hearings: The IC assigns your appeal to a district hearing officer (DHO). If you disagree with that decision, then you can request further appeals to a staff hearing officer (SHO) and then to the IC itself.
• Judicial review: If the IC upholds the denial after these levels of review, then you can file an appeal with the appropriate Ohio court of common pleas.
• Employer appeals: It is important to note that employers have the same right to appeal when a claim or part of a claim is allowed.

Deadlines are strict at every stage, and the process involves submitting evidence, witness testimony, medical records and legal arguments.

Why You Need Experienced Guidance During An Appeal

Many people underestimate the importance of these hearings and show up unprepared because they seem less formal than those in courtrooms. Unfortunately, a lack of preparation can cost you benefits that would help cover your treatment and recovery.

Having a highly experienced lawyer – especially one who is a certified specialist like me – can make a substantial difference. I make sure clients understand the following:

• How to meet every filing deadline
• Which forms, medical evidence and witnesses can strengthen the case
• How to present the strongest argument to overturn a denial

I personally handle each case, ensuring that each client receives close attention rather than being passed around, as can happen at a larger firm.

Work With Me Today

If the BWC or your employer denies your workers’ compensation claim and you want to appeal, act quickly. Time limits are short, and the appeals process is too important to take lightly.

I have spent my career helping injured workers navigate these hearings and win the benefits they need. Contact Todd Miller Law LLC today at 937-741-2513. Let’s discuss your next steps and build a strategy to move forward with your appeal. You can also send me an online message. I will work directly with you throughout the process.