Steps to Take If Your Workers’ Compensation Claim Was DeniedNovember 15, 2017
If you have been injured at work, your employer’s Workers’ Compensation plan will cover the costs associated with your injury. Before you can begin to collect your benefits, however, you must file a Workers’ Compensation claim. This can be a complex process, and it is very important that you submit your claim within the specific deadline and provide all necessary information. An experienced Workers’ Compensation lawyer can help you with this process, but the following will provide an overview of steps to take if your claim was denied.
Request a Hearing
The first thing you will need to do if your claim was denied is to submit an Issues Form to the Maryland Workers’ Compensation Commission requesting a hearing. You will need to specify the issue that was cited as the reason for your denial, including whether your weekly wage was miscalculated or if the nature of your injury is in question. Once you have filled out the form, you must send it to the Workers’ Compensation Commission, as well as your employer or your employer’s insurance company.
A Commissioner will preside over the hearing, at which time you and your employer will have the opportunity to speak about the details surrounding your injury. After listening to both sides, the Commissioner will determine the benefits you are eligible to receive. If you still feel that the Commissioner’s decision is unfair, you may request a rehearing. You have 15 days from the date of the Commissioner’s decision to proceed with this action. Your request must be submitted in writing to the Commissioner’s office. If a rehearing is denied, or the rehearing was granted but you lose, you may appeal to the Circuit Court.
Appealing to Circuit Court
If you plan to file an appeal to circuit court, you have 30 days from the date the decision was mailed to you. Within that period, you must file a Notice of Appeal with the Circuit Court that is closest to where you live. This form can be found on the People’s Law Library of Maryland website. After the appeal is filed, it is recommended that you request a copy of the transcript from your hearing, which must be made in writing to the Maryland Workers’ Compensation Commission. It takes approximately 60 days for the transcript to be prepared.
Circuit Court Hearing
The Circuit Court hearing gives you and your employer, or the insurance company, the opportunity to speak about your case. The burden is on you to prove why the Commission’s decision was incorrect or unfair. If the court rules in your favor, it may send the case back to the Commission to be reconsidered. If you lose, you have the option of appealing to the Maryland Court of Special Appeals. It is in your best interest to secure legal representation if you go this route because there is a great deal of procedural rules that govern these appeals, and any error or misstep can have a negative impact on your case.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Assist Injured Workers With the Appeals Process
If you have been injured at work and your claim has been denied, the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will guide you through every stage of the appeals process, ensuring that your rights are protected and that all your questions and concerns are addressed. We will work tirelessly until we have secured the maximum benefits you deserve. For a free consultation, call us today at 844-556-4LAW (4529) or contact us online.