When Should I File My Workers Comp Claim?

If you’ve suffered a workplace injury, there’s a good chance you’ve already filed your workers comp claim. We usually don’t hear from people until after their workers comp claim has been denied. Only a few people realize the benefit of coming into meet with one of our Laurel workers compensation lawyers right away. They have no idea that we can help them file their initial claim.

The thing about workers compensation is that it’s similar to personal injury cases. You only have a certain amount of time to file your workers comp claim. If you miss the filing window, your claim will be barred, and you’ll walk away with nothing. That’s the last thing we want to happen.

 From a timing perspective, workers comp is even more sensitive than personal injury. After you submit your workers comp claim, you’ll only have to wait a couple of weeks before you get the final order from the Maryland Workers Compensation Commission.

Here, we’ll discuss why your timing is so critical to your workers comp claim. We will also discuss why it’s in your best interests to hire a Laurel workers compensation lawyer immediately after your workplace accident. This way, we can help you from day one. 

At What Point Should You Hire a Seasoned Laurel Workers Compensation Lawyer?

For the most part, when you file a workers comp claim in Maryland, it will be approved. You can’t receive benefits until you’ve been out of work for at least 7 days. However, when you reach the 21-day point, you’ll get a retroactive payment for that first seven-day period.

There are other times, however, when the news from the Maryland Workers Compensation Commission isn’t so good. Your employer may have denied your workers comp claim for one reason or another. If this happens, you’ll want to reach out to one of our injury lawyers in Laurel right away. You only have a small window of opportunity in which you can file an appeal under workers comp. Your attorney is well aware of this deadline. The last thing they’ll do is let your case lapse and have you lose your benefits.

Your Injury Lawyer in Laurel Will Only Have 30 Days to File Your Appeal

If your workers comp claim is denied, you have the right to appeal the decision. Some states only give you 14 days to do this. Thankfully, in South Carolina, you have 30 days to do this. This gives you plenty of time to meet with an experienced Laurel workers compensation lawyer.

Laurel workers compensation lawyer

When your attorney files your appeal, they’ll need to prove that you meet all the criteria for workers comp benefits. These include the following:

  • Your injury must have occurred on company property. If you work remotely or are on the road most of the day, you just have to show that you were working at the time of your accident.
  • You must be acting within the scope of your employment. For example, if you are a waitress, then your employer should only have to protect you from the perils of working as a waitress. If you decide to help the other employees unload stock from the truck, you could get hurt. If your employer learns that you were doing something outside the scope of your normal employment, they’ll probably deny your workers comp claim.
  • You must not be under the influence of alcohol or drugs.
  • You must report your accident immediately. Most companies have a very specific policy regarding workplace accidents. However, regardless of what your company policy says, South Carolina law dictates that you must report your injuries within 10 days. This is not as long as it is in other states. This is why we recommend that you meet with an injury lawyer in Laurel as soon as possible after your accident.

If you meet these criteria, then there is no good reason why your workers comp claim should have been denied. Our associate will have to review your file to see what the real reason was for the denial.

Can Your Laurel Injury Lawyer Appeal Your Workers Comp Claim?

If your workers comp claim is denied, you still have options. Your Laurel workers compensation lawyer can always appeal your claim. They’ll look at the reason for your denial and work from there. If, however, the insurance company is adamant about not paying your claim, you’ll have no choice but to file suit.

The good news is that our injury lawyers in Laurel have handled cases like this many times in the past. Typically, once the insurance company realizes that you’re moving forward with legal action, they’ll reach out to your lawyer and try to negotiate a settlement on your workers comp claim. 

If this is the case, you’ll only have a certain amount of time to file your lawsuit. If you miss the two-year Maryland statute of limitations period, your case will be dismissed. If this happens, you’ll walk away with nothing. 

Contact an Experienced Injury Attorney in Laurel, Maryland Today

If you suffered an injury at work, then there’s a good chance you won’t be able to return to work for quite some time. We recommend that you call an experienced injury lawyer in Laurel right away. This will give you a chance to sit down with someone who has handled cases like yours in the past. They can review your case and reach out to the insurance company. Once they know why your workers comp claim was denied, they can start preparing your case.

You may feel helpless. The idea of having to pay for your own medical care can be daunting. And you’ll have no idea how to survive if you miss weeks or months from work. Our attorneys will do their best to resolve your case quickly. If you truly suffered a workplace injury, it isn’t fair that your workers comp claim should go unpaid. 

All you have to do is call our office and schedule your free, initial consultation. Since your initial consultation is free, you have nothing to lose. 

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