Determining the Validity of a Workers’ Compensation Claim in Anne Arundel County
Many people think that a workers’ compensation claim can arise out of any injury that happens at the workplace, or that the mere occurrence of an accident is sufficient to recover compensation. However, employees must take the proper steps to collect benefits. The injury must also be serious enough to warrant collecting cash payments for it. Finally, their injury must have occurred in the course of employment, whether normal or unusual.
Determining the validity of a workers’ compensation claim in Anne Arundel County is more complex than it appears. By satisfying three simple concepts, employees can best maximize their chances of gaining coverage and benefits.
Requiring Employees to Notify Supervisors
The first step to determining the validity of a claim is evaluating whether a worker performed their duties under state workers’ compensation law. A claim must always start with the worker reporting their injury to a supervisor.
According to Maryland Code, Labor and Employment §9-704, every injured employee must report the incident to their supervisor no more than ten days from the date of an injury. If the injury involves the contraction of a disease, this time limit extends to one year after the worker makes the connection between the disease and their time on the job. A failure to provide proper notice can immediately nullify a claim for workers’ compensation benefits.
How Long Before an Injury is Sufficient to File a Valid Claim for?
Workers’ comp claimants in Anne Arundel County could be entitled to medical care for the length of their injury or occupational disease. However, there is a waiting period that employees must exhaust before they can collect monetary disability benefits to cover their lost time from work.
The extent of an injury is a vital factor in determining the level of benefits that an employee may receive. If an injury keeps a worker off the job for 14 days or less, there is a three-day waiting period where the worker does not receive cash benefits. The worker can receive payments for any other days that accumulate up to the 14-day limit. If the disability lasts for more than 14 days, that worker can receives payments for all time lost from the job, as long as a doctor provides a written opinion that the workers is in active treatment and unable to do his normal job duties.
Types of Personal Injuries for a Valid Anne Arundel County Workplace Claim
The final piece of the puzzle involves evaluating whether an injury was the result of a worker doing their job. This applies to both accidental injuries and occupational diseases. According to MD Code, L&E §9-101, an accidental personal injury is one that arises out of and in the course of employment. This may also include injuries caused by the willful or negligent act of a third party that affects a worker doing their job.
Similarly, a medical condition that is the result of performing one’s job duties can be considered an occupational disease. Skin conditions, cancers, cumulative trauma injuries and mental health concerns may all qualify as occupational diseases. Local workers’ compensation claims must allege an injury arising out of either an accidental personal injury or occupational disease.
Determining the Validity of a Workers’ Compensation Claim in Anne Arundel County Requires an Examination of the Law and the Injury
Employees who are looking to collect workers’ compensation benefits must be sure to understand the legal requirements for a successful claim. A failure to meet any of these elements could lead to a denial and a contentious appeal process.
First, a worker must notify their employer that the injury has occurred. Accidental injuries set a time limit of no more than ten days following the incident. Occupational diseases extend this limit to one year. Second, the injury must be sufficiently severe that it keeps a person off the job. If the injury does not last for more than three days, no cash benefits will be paid for the lost time. Additionally, a person must miss at least 15 days to collect full payments.
Finally, the injury must be the result of doing one’s job. Accidental personal injuries, occupational diseases from exposure to chemicals, and assaults from customers or patients can all fulfill this requirement. If you are confused about the requirements for collecting benefits, a lawyer could help with determining the validity of a workers’ compensation claim in Anne Arundel County.
