Going Through the Ohio Industrial Commission Hearing Process

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There’s a problem with your Ohio workers’ compensation claim. Your benefits after a job injury aren’t going through. Or you’re not getting all the benefits you should. Or you’re getting benefits, but they’re about to stop too soon.

You may have just received an order or notice of a hearing in the mail, and you don’t know what to do.

You need to fix this, so you can get full support to rebuild your life after the harsh interruption of an injury at work.

It’s time to appeal your workers’ compensation denial to the Ohio Industrial Commission (IC). They will hold a hearing, or possibly a series of hearings, for you to argue your case.

The Ohio Bureau of Workers’ Compensation (BWC) —or your employer if they are self-insured for worker injuries—manages your benefits. They will make the initial decisions in your claim.

If there are any disputes regarding these decisions, your claim will be referred to the Industrial Commission for a hearing.

These are some of many reasons the BWC or your employer might deny you:

They say your injury didn’t come from work.
They say your injury isn’t severe enough.
They say your injury is pre-existing.
They list flaws in your accident report.
They don’t recognize your doctor as qualified to handle your claim.
They decline to cover medical treatments you and your doctor believe you need.
They refuse to approve every type of benefit, such as permanent partial disability (PPD) for long-term impairment, or wage loss compensation for reduced earnings.
They say you’ve reached the point of maximum medical improvement (MMI) and your benefits should stop, but you disagree.

You’ll need to bring medical records, evidence about your workplace accident and strong arguments into your hearing.

You should also bring a skilled Ohio workers’ compensation lawyer. That way you know you’re covered on everything you need to show and say to the IC. It’s a major mistake not to bring an experienced lawyer to your hearing.

Horenstein, Nicholson & Blumenthal (HNB) is an Ohio workers’ compensation law firm that has secured over $500,000,000.00 in awards, benefits and settlements for our injury clients.

We help anyone, in any occupation, who has been hurt at work.

When you have an IC hearing coming up, get in touch with us right away.

“Helping me, that’s HNB.”

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What Steps Will You Go Through for an Ohio Industrial Commission Hearing?

When you’re contesting a decision on your workers’ compensation claim, you can go through multiple hearings with different Ohio Industrial Commission hearing officers:

The initial appeal will be heard by a district hearing officer (DHO) in an Industrial Commission office near you.
If you disagree with the DHO’s decision, you must file another appeal within 14 days of receiving the decision. You’ll get the decision in the mail at the address you have on file. It will be written on a long piece of yellow paper.
After the appeal to the DHO decision is filed, you have a second hearing with a staff hearing officer (SHO).
If you’re again dissatisfied with the result of the SHO hearing, you can appeal again within 14 days.
Next is a hearing at what the IC calls the “commission level,” meaning three industrial commissioners hear your case. They can, however, decline to give you a hearing.

What if you’re still not satisfied after all those steps?

You may be able to file legal action in an appellate court or county court. You have a very short window, so contact HNB immediately to see what you can do.

You’re not required to have a workers’ compensation attorney for the Industrial Commission hearing process, but we strongly recommend it. You need someone looking out for your rights and someone who’s prepared to fight for you as long as it takes.

Your employer and the Ohio BWC will have representatives at the hearing, why shouldn’t you?

Talk to HNB—for free—to find out more about what will happen next. We’re here for people in Cincinnati, Cleveland, Columbus, Dayton and everywhere in Ohio.

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What to Expect at an Ohio Industrial Commission Hearing

Hearings are typically scheduled within 45 days of a workers’ compensation appeal. You should receive notification that you have a hearing coming up at least 14 days before the date. It will come via regular mail on a long piece of white paper.

In the run-up to your Industrial Commission hearing, you should gather all your workers’ compensation paperwork, medical reports, witness statements, and all documents you plan to use at your hearing.

You and your employer or the BWC are also required to share documents and evidence with each other ahead of time.

This is what it’s like when you go into your IC hearing:

It’s less formal than a courtroom hearing.
It’s in an office conference room setting.
The hearing officer is there.
You and your lawyer are there.
Your employer and their lawyer are there.
A BWC attorney could be there.
Each side will get a chance to talk.
The hearing officer could ask questions.
The tone of the hearing is usually informational, not confrontational.
Hearings are generally short, from a few minutes to a little over an hour.

You don’t have to dress formally, but you should dress nicely.

You should give correct and complete answers but keep it short and stay focused on the point you’re answering.

If your employer, their lawyer or a BWC representative says something about you that you strongly dislike, most of the time your own attorney will handle it. For your part, try not to get rattled. Stay calm and polite.

Your HNB work injury lawyer will make sure you’re prepared for your hearing, and they will stand up for you when you’re there.

You deserve highly experienced professional representation for your benefits, your recovery and your future.

Call HNB Now!