If a party to a lawsuit does not agree with the verdict after trial is done, he or she usually has the right to ask for an appeal. A valid basis for appeal should lead to a new trial or other relief for the aggrieved party.
Though workers’ compensation claims in Ohio do not start out in court, workers still have the right to appeal if the Bureau of Workers’ compensation turns down their claim. Many people who have suffered serious injury or illness on the job nevertheless have their claim rejected, and must appeal to get the workers’ comp benefits they deserve.
State law requires that an injured worker or employer has 14 days after the BWC’s Order to file an appeal, with another four days added to the end to allow mailed documents to be delivered. The appeal must be in writing; BWC will not accept a verbal appeal.
There is a form called IC-12 that most appealing workers use, but technically a written appeal will be accepted, so long as the document contains the following:
- The names of the injured worker and his or her employer
- The claim number
- The date of the Order being appealed
- The reason for appealing the Order
Appeals are heard by the Industrial Commission of Ohio, which is a separate agency from BWC. The hearing takes place at the IC customer service office nearest the worker’s home, and gives the parties the chance to present evidence.
For more information about appealing a rejected workers’ compensation claim, contact a workers’ comp attorney.