If you are injured at work, you know the stress that comes with the aftermath. Not only do you have to concentrate on recovering, but you may be out of work and, thus, finances may be tight. The positive part is that Maryland, like most states, requires employers to carry workers’ compensation benefits. Those injured at work need only file a claim with the workers’ compensation board to claim benefits.
However, sometimes claims are denied. In this situation, you should hire a Baltimore workers’ compensation lawyer to help you file an appeal. In fact, it is beneficial to seek the assistance of a workers’ comp lawyer to help you with your initial claim, to increase the odds that the claim will be accepted. Workers’ compensation attorneys will fight for your right to receive compensation for your injuries so you can concentrate on recovering from your injuries.
Injured at Work? What You Should Do.
There are certain steps to take after a work injury to make the claims process less stressful. Here is what you should do right after a work injury.
- Report your injury to your employer – You need to put your employer on notice that an accident occurred, and you have 10 days to do so. We recommend that you do so right away, while the accident is fresh in your mind. Also, delaying notice may trigger your employer to ask why you didn’t report it right away and question your injury. Your employer has 10 days to send in an Employer’s First Report to the Workers’ Compensation Commission (WCC).
- Get medical attention – Maryland law allows you to visit your own physician. Describe what happened on the job and the doctor will make a decision about whether you are able to return to work. Your employer might want a second opinion and can ask you to visit a doctor of their choosing.
- Speak to a knowledgeable workers’ compensation lawyer – Before filing a claim with the board, you should talk to a lawyer to help you fill out the forms correctly. Attempting to file a claim on your own may result in a denial. Also, a workers’ compensation lawyer knows the type of information to include so that the claims process goes smoothly.
- Keep track of all medical records and expenses – It is important to stay organized after you are injured at work. You should keep a folder of all documents given to you by your doctor, including off-duty slips, and keep receipts for any out-of-pocket expenses accrued. All of this information is important to help you build your claim for benefits.
- Do not post anything on social media – During the time that your claim is being processed by the board, it is important to “lay low.” Do not post anything on social media, because it can be used against you on your claim. Suppose you take a picture of yourself bowling, yet you claimed to have injured your leg. Your employer can use that post as grounds for terminating your benefits.
The steps outlined above are crucial to a smooth claim throughout the entire process. Attempting to file a claim yourself could have devastating consequences. Let a dedicated Baltimore workers’ compensation attorney help you with your claim, so you can concentrate on recovering from your injuries.
What to do if your claim is denied
There are lots of reasons why your workers’ compensation claim could be denied. Some can be easily fixed, while others can be more difficult. Some of the reasons why your claim could be denied include:
- Paperwork errors – These errors can be easily remedied. Mistakes happen. This could be the fault of the workers’ compensation board, or there may have been an error in the paperwork you filed. You might leave out important information on the claim form about how the accident happened. This is another reason to have an experienced workers’ compensation attorney help with documenting your claim.
- The claim was filed too late – There are stringent time limits as to when you can file a claim. If you do not file within that time frame, your claim may be denied.
- Your injury didn’t occur at work – Your employer may claim that your injuries didn’t happen at work. If that is the case, then your claim may be denied. However, if you have proof that your injuries occurred at work (such as eyewitness testimony or pictures of the accident scene), you should submit that information to the insurance company.
- You were injured on the job but the injuries were pre-existing – If you previously injured or had surgery on a body part that you claim was injured in the incident, you may be denied benefits.
- You were under the influence of alcohol or drugs – If your employer can prove to the workers’ compensation board that you were under the influence of drugs or alcohol at the time of the injury, you may be denied benefits.
- You intentionally caused the accident – The employer may attempt to use eyewitness accounts or video footage to prove that you intentionally caused the accident and your injuries.
If your claim was denied, you have a right to file an appeal with the workers’ compensation commission. If you didn’t have an attorney before, it is imperative that you get one at this time.
Some Employers Don’t Want to Pay
It is important to note that employers and their workers’ compensation company might not want to pay out workers’ compensation claims and will go to any length to get your claim denied. Paying out a lot of workers’ comp claims can increase the cost of their annual policy.
This is another reason why you should hire a workers’ compensation attorney who will fight for your rights to receive compensation. You don’t want to go against the insurance company and their attorneys by yourself. You should fight back with one of your own.
Steve Heisler is that attorney for you. He has been fighting for his clients for a long time and knows what it takes to help you win compensation for your injuries.
Attorney Steve Heisler
Steve Heisler decided in 1996 that he was going to focus his law practice exclusively on injury cases. Since then, he has been representing injured people against insurance companies, disreputable medical practitioners and Big Pharma, and doing it with compassion, honesty and level-headed rationality. [ Attorney Bio ]
Work Injury Cases
