Determining the Validity of a Workers’ Compensation Claim in Montgomery County
There are a wide variety of injuries and illnesses that qualify an employee for workers’ compensation benefits. However, insurance companies and employers may try to find any reason to deny a claim.
Lack of familiarity with the system can make an applicant tentative to file a claim. Before you file for benefits, you should have confidence that you have everything you need for your claim to be approved. A competent lawyer could help you determine the validity of a workers’ compensation claim in Montgomery County.
Workers’ Compensation Claim Process Checklist
After a workplace accident, an employee can take certain steps to ensure they are in the best position possible to submit a valid claim. The following list gives a basic idea of the steps a claimant should take after becoming injured or discovering an injury.
- Report the accident to the employer immediately and include all relevant information
- Seek medical attention
- Document medical treatment and expenses
- Organize evidence of medical opinions regarding vausal relationship of your injury to the job and severity and projected recovery time of injury
- Record time missed due to injury
- Review and calendar workers’ compensation claim deadlines
- Confirm employee and injury eligibility under workers’ compensation law
Although this may appear simple, it is often complicated and tricky, especially if you have pre-existing health conditions. If a prospective claimant is unclear about eligibility criteria, it’s best to consult a local workers’ compensation attorney immediately—even before reporting your injury to your employer. How you explain the circumstances of the injury is critical to whether the claim will be found compensable.
Types of Disability Benefits
When submitting a workers’ compensation claim, it is wise for claimants to gain an understanding of the different classifications set forth by the Maryland Workers’ Compensation Commission to understand how an insurer or employer will view the claim. Injuries are rated based on their severity, extent, and expected recovery time.
Temporary Total and Partial Disability
Temporary benefits fall into two categories, partial and total. When an employee suffers an injury that reduces their ability to work for a finite period while the worker is inactive medical care, it is considered a temporary disability. If the claimant is incapable of performing any work during this period, they are entitled to receive temporary total disability benefits paid at 2/3 of their average weekly wage.
If the claimant has returned to work in a light or reduced-hours capacity that pays less than the pre-injury wage, employees may receive 50 percent of the difference between their earnings before the accident and their present earnings. This is called temporary partial disability.
Partial Permanent Disability Benefits
Permanent impairment also has two sub-categories. Permanently partially injured employees receive benefits based on a set schedule of losses depending on the severity of the condition and body part injured.
The loss of use of crucial body parts such as eyes, legs, feet, or hands triggers benefit dispensation at specific rates and periods. Montgomery County workers’ compensation occupational disease and injuries falling outside the body part schedule are subject to compensation based on the Workers’ Compensation Commission review.
Permanent Total Disability Benefits
Some accidents result in injury so severe that an employee is left entirely disabled. Total permanent disability may be ordered by the Workers’ Compensation Commission after a claimant has reached maximum medical improvement and is determined unable to participate in suitable gainful employment. A lawyer can explain these terms more completely, along with the pros and cons of such a finding.
Employers or insurers compensate these disabilities at a rate of two-thirds of the average weekly wage of the employee, with set minimums and maximums. These benefits could continue for an entire lifetime, if necessary.
Permanent total disability benefits are subject to an annual cost of living adjustment. Employees who also receive federal benefits such as Social Security Disability will have the SSD benefits reduced to prevent double payment.
A Montgomery County Workers’ Compensation Attorney Could Help
It is helpful to understand the lens insurers and employers see claims through and what benefits you could be entitled to. Filing paperwork can seem straightforward, but the smallest mistake can lead to rejection.
An attorney could help determine the validity of your claim to avoid a denial of the benefits that will help you through your injury, recovery, and life adjustment. Contact a Montgomery County workers’ compensation lawyer to determine the validity of your claim today
