Mistakes to Avoid When Making a Montgomery County Workers’ Compensation Claim

If a series of events has left you injured by an accident that happened from your employment, you will likely have many concerns. One of which may be how you will pay all of the medical expenses and lost wages that will strain your finances.

Filing a workers’ compensation claim is a good place to start, but prospective claimants should be aware of the pitfalls that may lead to a claim rejection. A number of issues can plague applicants unfamiliar with the Maryland’s workers’ compensation system. One benefit of hiring a lawyer is that they could facilitate a smooth application submission and warn you of the mistakes to avoid when making a Montgomery County workers’ compensation claim

Reasons Why Montgomery County Workers’ Compensation Claims Get Denied

Workers’ compensation insurers and employers sift through claim filings for errors. Any reason for denial must, of course, have a legal basis. Several mistakes to avoid when filing a Montgomery County workers’ compensation claim include the following:

Employee Not Covered

To benefit from an employer’s policy, a worker must be an employee as defined by the Workers’ Compensation statute. An employer-employee relationship must exist for a worker to be eligible for compensation. Employees who are independent contractors do not meet this definition. Other times, businesses do not have employees because they are set up as partnerships or sole proprietorships. In this case, workers’ compensation insurance is elective but not compulsory.

Missed Deadlines

A prerequisite to receiving workers’ compensation benefits is filing the paperwork on time. Employees must meet numerous deadlines, such as notifying the employer of the injury or illness, filing a claim, and appealing a denial in a timely manner. Note that filing deadlines vary depending on if employees seek benefits themselves or if dependents are seeking death compensation for their loved one’s passing.

What Qualifies as an Eligible Injury or Illness Under Maryland Law?

Not all on-the-job accidents or illnesses are covered by Montgomery County workers’ compensation policies. An injury must arise out of or in the course of employment. An injury must occur because of certain conditions under law.

An injury must be accidental in order to receive compensation for it. The law defines an accidental injury as one that occurs by chance, happening unexpectedly or unintentionally. If an employee intended to get injured, they will be ineligible for benefits.

Occupational Diseases

Occupational diseases do not have the same accidental requirement other injuries do. Instead, circumstances related to or implicit in the worker’s job environment cause occupational diseases.

These may develop over a long stretch of time. For example, a lung condition due to prolonged exposure of noxious fumes, or an employee contracting asbestosis from removing asbestos-laden material from buildings constitutes an occupational disease. Pinpointing the cause of a disease is critical to a successful occupational hazard claim.

A Montgomery County Workers’ Compensation Attorney Could Warn You of the Mistakes to Avoid When Making Your Claim

Filing a claim requires consideration to detail, timely filing, proper notification, and correct documentation. Staying organized is critical to the approval of a workers’ compensation claim.

Claim rejection happens, but avoiding mistakes can prevent a denial, and legal counsel could help you get it right the first time. Consult a skilled attorney today to learn more about the mistakes to avoid when making a Montgomery County workers’ compensation claim.