If you are wondering what will happen at your first workers’ compensation hearing in Ohio, you are not alone. Understanding the workers’ compensation hearing process is an important part of knowing what to expect at your hearing.
Here, our experienced workers’ comp attorneys help you understand what to expect at your initial hearing, why a hearing was scheduled in the first place, and Ohio workers comp hearing tips to have your best chance at success.
Why Do You Need to Go to an Ohio Workers’ Comp Hearing?
One of the first steps is understanding why a hearing was scheduled in the first place.
Hearings are scheduled when the parties to a claim (i.e., the injured, Bureau of Workers’ Compensation, or employer) do not agree about a specific issue. The dispute can be about a larger problem, such as whether your claim should be allowed at all, or a smaller issue, such as whether a specific condition should be added to your claim.
While disputes can arise over various issues, temporary total disability compensation, treatment requests, payment of medical bills, and permanent partial disability compensation are among the most common contested issues.
When a disagreement arises:
- The claim is sent to the Ohio Industrial Commission, the state agency responsible for resolving disputes in workers’ compensation claims.
- The Industrial Commission then schedules a hearing and mails a hearing notice to all the parties in the claim, identifying the disputed issues and the date, time, and duration of the hearing. The Industrial Commission employee who conducts the hearing and decides the case is called a hearing officer.
- In most situations, the first hearing regarding a contested issue is held before a District Hearing Officer. If a second hearing is held on the same issue, it is held by a Staff Hearing Officer.
Required Documentation and Evidence
Before your hearing, it’s essential to gather all relevant documentation to support your case. The Ohio Bureau of Workers’ Compensation (BWC) relies heavily on written evidence when making decisions. Here’s what you need to prepare:
First, gather all medical documentation related to your claim, including:
- Your initial injury report and any emergency room records
- Treatment records from all healthcare providers
- Physical therapy or rehabilitation notes
- Work restrictions or disability slips from your doctors
- Any independent medical examination reports
You’ll also need employment-related documents:
- Pay stubs or wage information from before your injury
- Documentation of missed workdays
- Correspondence with your employer about your injury
- Any witness statements about your accident
Make sure to submit this evidence at least 5 days before your hearing. For telephone hearings, you can submit documents through the BWC’s online portal or by fax to your assigned hearing officer.
What Happens at an Ohio Workers’ Comp Hearing?
It’s important to understand the Ohio workers’ comp hearing process before your actual hearing date.
In the past, hearings were held in person at the Industrial Commission office closest to the injured worker’s residence, and the location was included in the hearing notice. However, due to the COVID-19 pandemic, the Industrial Commission now conducts hearings by telephone. The parties must use the telephone number and meeting ID provided in the hearing notice to join the conference call.
Ohio Workers Comp Hearing Tips: Preparing for Your Hearing
Before your hearing date, find a quiet location with reliable phone service. Test your phone’s connection in that area, and have a backup phone ready in case of technical issues. Keep your phone charger, a pen, and paper nearby.
What to Do on the Day of Your Hearing
On the day of the hearing, you should:
- Call the number on your hearing notice a few minutes before your scheduled hearing to ensure you are ready to start on time. Have your claim number and hearing ID ready. Hearing officers usually have multiple hearings every hour, so you may have to wait in the line while the hearing officer holds other hearings before yours.
- When the hearing officer is ready to start your hearing, they will call your name and ask for the names of everyone attending your hearing. The hearing officer will then allow the parties to present their evidence and arguments.
- If possible, keep your phone muted when you are not speaking to reduce background noise. Speak clearly and slowly when presenting your case, and take notes of key points made by other parties. Wait for others to finish speaking before responding.
- Remember that most telephone hearings are scheduled for 20 minutes, meaning each party has at most only 10 minutes to present their case. If you have an attorney, they will argue your case for you and, when appropriate, ask you to testify about specific issues. The hearing officer and other attorneys may also ask you questions during the hearing.
The hearing officer typically takes the matter under advisement at the end of the hearing so they can review the evidence and arguments presented at the hearing before issuing a written decision. Hearing officers rarely announce their decision at the hearing, but even when this happens, the decision is not final until it is issued in writing.
Understanding Hearing Outcomes
After your hearing, several outcomes are possible depending on the disputed issue. The hearing officer will typically issue a written decision within 7 days.
Common Decision Types
- Claim allowance decisions determine whether your entire claim is approved
- Additional condition allowances address adding new medical conditions to an existing claim
- Temporary total compensation decisions affect ongoing disability payments
- Treatment authorization decisions determine coverage for specific medical procedures
- Permanent partial disability decisions address permanent impairment awards
Next Steps After the Decision
If the decision is favorable, the BWC will implement approved benefits within 14 days, and medical treatment can begin once authorized. If the decision is unfavorable, you have 14 days to file an appeal, and your attorney can help you determine grounds for appeal. You may need to gather additional evidence, and treatment may need to be delayed pending the appeal.
Work With an Attorney for Your Workers’ Comp Hearing
Remember, the hearing process can seem complex, but with proper Ohio BWC hearing preparation and understanding, you can effectively present your case. Working with an experienced workers’ compensation attorney can help ensure you’re fully prepared and your rights are protected throughout the process. Talk to an attorney experienced with workers’ comp in Ohio at The Bainbridge Firm. We can provide you with all the information needed before your first hearing and protect your rights throughout the process–contact us today.