Everyone knows that insurance companies exist to make a profit for their shareholders. However, they don’t think much about it until they file a claim and it is denied. You’re entitled to workers’ compensation benefits in Maryland if you suffer a workplace injury or illness. However, it may not be as easy to get them as you may think. Insurance companies use a variety of tactics to avoid paying compensation. If you don’t have a competent Ellicott City workers’ comp attorney on your side, you may not get the benefits you deserve. If your claim is denied, you’ll need help in filing an appeal.
Why Workers’ Comp Claims Get Denied
There are several reasons why either your employer or their workers’ compensation insurer would deny your claim. The claim may be rejected because:
- You failed to file the claim with your employers or the Maryland Workers’ Compensation Commission by the stipulated date.
- Your employer or their insurer believes your injury or illness was not work-related
- Your employer alleges that you deliberately caused the accident that led to your injury or you deliberately hurt yourself
- Your employer alleges that you were impaired by drugs or alcohol at the time of the accident
- Your form contained a clerical or procedural error
- The insurer, your employer, or a workers’ comp commissioner determines that you were not injured
- The insurer, your employer, or a workers’ comp commissioner determines that you reached maximum medical improvement and no additional benefits are due
Very often, these problems arise because the worker tried to handle the claim on their own. They make mistakes on the form or fail to submit the necessary supporting evidence. Sometimes, simple errors or omissions can result in a claim being denied. That’s why it’s so important to seek guidance from an Ellicott City workers’ compensation attorney. They will ensure that everything is done correctly.
How to Appeal a Denied Claim
If your employer or the insurance company denies your claim, the first step is to request a hearing before the Commission via an Issues Form. If the hearing is granted, a commissioner will listen to submissions from both you and your employer. The Commission will then issue a decision.
If you don’t agree with the decision, you can ask for a re-hearing. You must request this within 15 days of the decision. The Commission will determine whether you’re entitled to a new hearing or not. Typically, you only get a rehearing if you have new evidence that wasn’t available for the original hearing or the Commissioner made a legal error. This means it can be difficult to get your matter heard again.
However, you can further appeal to Circuit Court if your request for a rehearing is denied or you get a rehearing but you lose. If you want to give yourself the best chance of getting the claim denial reversed, you will work with an attorney throughout this process.
How an Ellicott City Workers’ Compensation Attorney Can Help You
If you suffered an accidental injury on the job or an occupational illness, you deserve to be fairly compensated. Maryland’s laws provide for just that. If your claim has been denied, you need to do everything you can to get that decision changed. The first step is working with an experienced attorney who will help to ensure you’re treated fairly.
Your lawyer will help you file your appeal in a timely manner and make a strong case before the commissioner. If additional information is needed concerning your injuries, they’ll assist you in gathering and presenting it. Attorneys know how to be persuasive and if your injuries are genuine, they’ll do everything they can to protect your rights.
If your hearing before a commissioner still results in a denial of benefits, your attorney will suggest the best way to appeal. This may be requesting a rehearing, filing an appeal in Circuit Court or both. At every stage, your Ellicott City workers’ compensation attorney will advocate on your behalf. They’ll also advise you on how you can avoid jeopardizing your claim.
Contact Pinder Plotkin LLC Today!
Don’t wait any longer before contacting the Ellicott City workers’ compensation lawyers at Pinder Plotkin LLC. The sooner you can get started on your appeal, the better your chances of success. Call our team today and schedule a free consultation so we can discuss your legal rights.