Can I Appeal a Denied Workers’ Compensation Claim?
Many workers in Maryland who have been injured on the job file what they believe to be complete and accurate workers’ compensation claims only to be denied benefits. There are many reasons that benefits can be denied, and sometimes employers or insurance companies simply do not want to pay out legitimate claims. In other circumstances, there may be legitimate reasons for denying a claim, including a failure to report the injury to your employer within 10 days from the date of the injury, lack of evidence to show that the claim arose out of and occurred in the course of employment (as required by Maryland workers’ compensation law), insufficient medical evidence, or the statute of limitations ran out.
In many circumstances involving denied benefits, simply hiring a lawyer and providing additional evidence upon appeal can result in an approval. If you are wondering if you can appeal a denied workers’ compensation claim, the answer is usually yes. The following information helps to clarify the process you should expect.
Understand the Reason for Your Denial
If you are denied Maryland workers’ compensation benefits, you will receive a denial letter in the mail. The denial letter will explain why you were denied benefits, and you should go over it with an attorney to determine what type of evidence you will need to gather in order to be approved for benefits. It is critical to work with an attorney who can help you to determine what was missing or incorrect in your original application and who can obtain the specific evidence you will need in order to be approved. At this stage, you may be able to negotiate with the insurer to resolve a claim without needing to go further.
Request a Reconsideration or a Rehearing Hearing
If your workers’ compensation claim cannot be resolved and there is a dispute at issue, then you can request a reconsideration or hearing before the Workers’ Compensation Commission. You will need to present evidence to support your claim for benefits, and it is extremely important to have a Maryland workers’ compensation attorney on your side representing you before the Workers’ Compensation Commission. Disputes concerning workers’ compensation benefits can be complicated, and you want to be sure that you have done everything possible to be approved for benefits.
File a Court Appeal
If the Workers’ Compensation Commission does not decide in your favor, you may still have another option for appealing the decision further: you may be able to file an appeal in court. Your lawyer can discuss this level of appeal with you and whether you are eligible.
Contact Our Maryland Workers’ Compensation Attorneys
Did you receive a denial of workers’ compensation benefits? It is important to know that you are not alone, and that valid claims can be denied for a range of reasons. It is important to get in touch with one of the experienced Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC to seek advice about appealing your denial of benefits. Our firm regularly assists injured workers after their workers’ compensation claims have been denied. Through an appeal, you may be eligible to obtain compensation for medical bills, lost wages, and more. Contact us today to find out more about the appeals process and how we can assist you through it.
Sources:
wcc.state.md.us/
wcc.state.md.us/Adjud_Claims/Crt_Appeals.html
