My workers comp claim was denied. What do I do now?

After a workplace injury, you’re counting on your workers’ comp benefits to help pay your medical bills and help you get by financially until you’re able to return to work. Unfortunately, your employer (or the workers’ compensation insurance carrier) had different plans.

As with any insurance claim, there are important deadlines, rules, and exceptions that will ultimately determine if the claim is approved.

If your workers’ comp claim was denied, the first thing you need to do is determine the reason why. This should be in your denial letter as well.

Here are some common reasons for a denial of workers’ comp benefits: (This is not an exhaustive list, and an experienced Ohio workers’ comp attorney will be able to assess your case in detail.)

  • You didn’t report your injury within the deadlines given.  While you should notify your employer immediately following the injury, the Ohio statute of limitations for filing a workers compensation claim is one year.
  • No one witnessed your accident. Whether your witness was a coworker or even a surveillance video, any proof that can verify how you became injured can drastically help your case. If you know that your accident had no witnesses, it should encourage you to report your injuries to your employer immediately, and get prompt medical attention.
  • Your accident report or medical records seem suspicious. Your employer’s workers’ compensation insurance carrier will be tediously going through your claim with a fine-toothed comb. If your report differs from those of your coworkers or your doctor, or if your medical records show that you had drugs or alcohol in your system at the time of the accident, it will be very difficult to get workers’ compensation benefits.
  • You refused to cooperate during the claims process. Being cautious when dealing with insurance companies is always advisable, and it’s a good idea to consult with an attorney before signing or recording any statements or documents. Often times, your signature or recorded statements aren’t required to obtain benefits, but many insurers will try to use this as an excuse to deny your claim. This is usually not a valid reason to deny a claim, and an attorney can help you sort this out in an appeal.
  • Your employer or their workers’ comp insurer made a mistake or are being difficult. Often, employees can follow procedure by the book when it comes to reporting their injuries and filing claims, but they’re still denied benefits. Whether the employer or their carrier overlooked a key detail or simply made a mistake, a workers comp attorney can help you appeal your denial if your case is sound.


Appealing a Workers’ Comp Denial

Now that you have a greater understanding of why your claim was denied, you may want to appeal the decision. The denial letter should provide a deadline for filing your appeal. Keep in mind that it can be a complicated legal process and best handled by an experienced workers’ comp attorney.

One of your most important rights as an injured worker in Ohio is your right to appeal a workers’ compensation claim denial. If you have been denied benefits for any reason, workers compensation attorney Tom Marchese can help. Schedule your free consultation with us today to discuss your case.


I’m Thomas Marchese,


I was one of the first attorneys in the State of Ohio to be board certified as a specialist in worker’s compensation law and I will personally handle your entire case.

You will never be handed off to an inexperienced associate and your case is not just another file in a stack. From consultation to final settlements, I will be by your side.

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