Most of the calls we get from potential clients involve simple questions about workers compensation. And we have absolutely no problem helping these people. That’s why we’re here. But some of the more interesting cases that our Laurel injury attorneys handle are those that fall into the gray areas. For example, if your workers compensation claim was denied because your employer claims you were injured doing something that wasn’t part of your job description, we think it’s worth taking a look at. And what we would do is invite you to come into the office for free, initial consultation.
Here, we will explain what it means when your employer says that you were acting outside the scope of your employment at the time of your injury. Finally, we will explain what your Laurel injury attorney can do to help you file an appeal and get the benefits you deserve. If you still have questions about your case, feel free to contact us directly. If you wish to retain our services, we can review your case further and determine whether we feel it has merit.
The Requirements for Workers Comp Are Very Clear
In order to qualify for workers compensation in Maryland, you must meet certain criteria. These criteria are the same no matter where you live. The only thing that changes from state to state is the amount that you’re allowed to receive in weekly benefits and the length of time you’re allowed to collect workers compensation benefits. We will not get into a discussion of those issues here as they are not pertinent to the matter at hand.
Just know that, if you meet these requirements, you will normally have no problem collecting workers compensation benefits. However, as discussed above, your employer or the insurance company may deny your claim for any number of reasons.
Working Outside of Your Job Description Can Present a Major Challenge
When your employer is unable to deny your workers compensation claim for any of the traditional reasons, they usually try to think outside the box. One reason they tend to give is that you were injured while acting outside the scope of your normal employment.
For example, imagine that you work as a cashier at a popular department store. On a slow day, a coworker tells you that a big delivery has just arrived. You offer to go back to the loading dock and help carry the totes to the stockroom. After your third trip, you experience extreme pain in your back and realize that something is wrong. You let your manager know and they call for an ambulance. You fill out the accident report, explaining what happened.
You don’t think anything of it until two weeks later when you get a letter in the mail saying that your workers compensation claim has been denied. Your employer and their insurance company argue that you would not have gotten hurt had you been doing your assigned job as cashier. They may even attach a copy of your job description. They will claim that you were not performing duties assigned to you at the time of your injury and that, therefore, your claim has been denied and your medical care will not be covered. Nor will you receive weekly replacement wages while you were out of work recovering from your injuries.
How Can Your Laurel Workers Comp Lawyer Help?
In a situation such as this, your Laurel workers comp lawyer will challenge your employer’s reason for denying your claim. One way they can do this is by showing that cashiers were often ordered to help on the trucks during the slow hours. Or they may be able to prove that you told your manager what you were going to do and they told you it was fine. It may even be enough to demonstrate that your employer was well aware that employees would often work in other departments during their shifts. If they’re able to show that performing job duties that were not part of your actual job description was par for the course, it may be just enough to get your claim approved.
Your Laurel Workers Comp Lawyer Will Give It Their Very Best Efforts
Typically, when one of our Laurel workers comp lawyers meet with a client for the first time, it’s because their workers compensation claim has been denied. Most of the time, their claims were denied for one of the more common reasons we see in our practice. For example, their claim may have been denied because they failed the drug test required by their employer’s workplace accident policy. Perhaps their employer had evidence that they were hurt over the weekend and pretended they got injured on the job first thing Monday morning. When an employer denies someone workers compensation claim because they weren’t working within the scope of their employment at the time of their accident, we think it’s worthy of a second look.
This is just one of the reasons why we offer new clients a free, initial consultation. When we see other lawyers offering a guaranteed victory for their clients, it’s frustrating. Not only is it unfair to make a promise that you can’t keep, but it’s also not the way you should treat a client. We would rather spend some time with a new client, listen to their story, and then make a decision as to whether we think their case has merit.
If your workers compensation claim was denied because your employer said that you were doing something outside your job description at the time of the accident, we think that you deserve somebody in your corner to defend you. If you happen to be in this type of situation, contact our office as soon as possible after you learn that your claim has been denied. We will gladly schedule your free, initial consultation right over the phone or you can do so through our website. While we can’t make any guarantees, we can promise that we will work hard to make sure you get the benefits you deserve. And since you don’t pay anything upfront, you have nothing to lose.