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If you have sustained an injury or occupational illness while on the job in Glen Burnie, you are entitled to pursue compensation through the state workers’ compensation system. While you have the right to pursue benefits, there is no guarantee that your claim would be accepted. In fact, many exceptions allow insurance companies to deny benefit claims.
Determining the validity of a worker’s compensation claim in Glen Burnie could provide you with an idea of whether you may be entitled to benefits. An experienced workers’ compensation attorney will help evaluate your injury claim.
There are multiple reasons available for an insurance company to deny a workers’ compensation claim. However, most denials center on four primary arguments:
Arguably the most common grounds for denial, insufficient documentation denials could cause a worker to not receive benefits for his or her injuries. In many cases, an insurance company only needs a small amount of additional documentation to make its decision.
A worker must provide their employer or supervisor with notice of their injury within ten days. This notice can be written or oral. While it is important to comply with this deadline, courts often allow a claim that violated the notice requirement so long as the employer was not prejudiced.
Workers’ compensation claims are reserved for employees. While these employees could be full-time or part-time, the insurance does not apply to independent contracts. The court ultimately determines whether a claimant is an employee or qualifies as a contractor.
Certain injuries are not covered under workers’ compensation claims. For example, there is no coverage for pre-existing conditions. It is worth noting that there is coverage if an accident aggravates a pre-existing condition.
Injuries that result from horseplay are also barred. While these injuries might occur at work, they do not qualify as occurring within the scope of employment.
Injuries due to intoxication may not be covered at all or may have coverage limited to medical treatment. These are complicated situations which have far-reaching impact on an injured worker’s life. Why attempt to handle it on your own when our experienced workers’ compensation lawyers can help you, without any out-of-pocket cost?
Having the backing of an experienced Glen Burnie workers’ compensation attorney is beneficial when determining how viable a claim is. However, the importance of an attorney’s role only increases after the initial denial of a claim.
A denied claim does not, fortunately, end a worker’s chances of obtaining benefits. An employee has the right to appeal the denial and even request a hearing. However, from this point forward, the process becomes more and more like a complex trial. The first step following a denial is to request a hearing with the Maryland Workers’ Compensation Commission. At this hearing, an attorney could advocate on behalf of an injured worker to have the denial overturned.
If the worker is unhappy with the decision at the hearing, they have up to 30 days to appeal the issue to circuit court. If the Notice of Appeal is not timely filed, the court will not consider the case, and the original denial will stand. At the Circuit Court level, both sides have the opportunity to plead their case at a hearing. However, the court will presume that the decision made by the Commission was correct.
If a worker loses on appeal, they still have one final avenue to fight back. An appeal from the Circuit Court to the Maryland Court of Special Appeals is possible. However, the process is complex and is best handled by an experienced Glen Burnie workers’ compensation attorney.
An experienced lawyer could help you in determining the validity of a workers’ compensation claim in Glen Burnie. During a consultation with a prospective lawyer, you have the opportunity to ask questions about your lawyer’s experience or the strength of your claim.
There are several important deadlines for every claim for benefits. To ensure you comply with all of them, contact a Glen Burnie workers’ compensation lawyer right away.
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