Why Maryland Workers’ Comp Claims Are Denied
Workers’ compensation is in place so that individuals injured on the job can access financial relief. Maryland’s Workers’ Compensation Act provides workers and their dependents benefits, support for expenses and time lost from work. The no-fault benefits are designed to supply relief without having to prove negligence on the part of a person or party.
There are a variety of workers’ comp benefits to injured workers, including compensation for treatment costs, wage loss, and vocational rehabilitation. That said, there are times when claims are denied. The system is set up to support workers and shield employers from lawsuits, but there are guidelines to follow. If your claim was denied, have your situation assessed by a legal expert. Connect with a Baltimore workers’ compensation lawyer.
Situations that Can Lead to Denied Claim
Because workers’ compensation benefits are designed to cover occupational diseases and injuries sustained on the job, it is important that you report your injury to your employer as soon as it occurs and get the medical attention you need. There are time limits involved with filing a claim.
Claim denial could occur for any of the following reasons:
- Deadline to file a claim has passed.
- Claim form was filled out incorrectly.
- Employer disputes the injury being sustained on the job.
- Required medical paperwork not provided.
- Injured person not an employee when injury occurred.
There are also times in which the employer disputes your claim because they believe you intentionally harmed yourself, the proper safety systems were ignored, or you were under the influence of alcohol or drugs.
Requesting a Hearing and Filing an Appeal
When there are issues or disputes with a claim, both you and your employer have the right to request a hearing. If your claim was denied, the hearing is an opportunity for you to introduce evidence that would support your claim. Often the documentation includes medical assessments and statements from individuals who witnessed the event that led to your injury or illness. Naturally, your employer will also have an opportunity at the hearing to provide their own evidence as well.
Then, if you are not happy with the outcome of the hearing, an appeal can be filed. At this point, medical testimony is often required. If it is not possible for a doctor or medical professional to attend in person, video testimony is an option. Because you are the one appealing the case, you will carry the burden of proof. A Baltimore workers’ compensation lawyer can support you throughout the appeal process. Having an attorney help you through the appeals process can strengthen the possibility of you receiving benefits.
What are your options following a workers’ comp claim being denied? The truth is, there are many options. Contact the attorneys at Iamele & Iamele, LLP to learn more about requesting a hearing and filing an appeal after the denial of a workers’ compensation claim. We work to recover financial damages for our clients so you and your family can fully recover from a workplace illness or injury. Contact us today for a free consultation.