Steps to Take if Your Workers’ Compensation Claim is DeniedAugust 17, 2018
According to a recent study, the denial rate for Workers’ Compensation claims increased by close to seven percent between 2013 and 2017. In many cases, this is an attempt by the employer or their insurance company to cut costs. However, companies were surprised to find that the rise in denials actually resulted in increased claims costs.
For injured workers whose claims are denied, they can face costly medical bills, lost wages, and other expenses related to the injury. If your claim is denied, you may still be able to collect benefits if you know the right steps to take.
Common Reasons Why a Claim is Denied
There are a number of reasons why a Workers’ Compensation claim is denied. The specific reason should be clearly explained in the denial letter.
The following are examples of reasons why an injured worker’s claim may be denied:
- Worker did not report the injury within the required amount of time. Depending on the state, an injured worker must report the injury within a certain number of days. In Maryland, employers must be notified within 10- days.
- Injured worker missed the deadline for filing a claim. In the state of Maryland, a Workers’ Compensation claim must be filed within 60 days of the injury.
- Employer disputes the claim. The employer may claim that the injury was not work related, or that irresponsible or unprofessional behavior caused the injury.
- The injury is ineligible for compensation. Certain injuries, including those that are stress-related, are difficult to prove.
- Employee did not seek medical treatment. In order to receive Workers’ Compensation benefits, the injured worker must seek medical treatment for the injury.
- Claim was filed after the injured worker’s employment was terminated. If the worker is no longer employed by the company where the injury occurred, it is unlikely that the workers will receive benefits.
If you have received a letter of denial, do not give up. You can appeal the denial with the help of a Workers’ Compensation lawyer, who can advise you as to the best legal course of action.
Appeals and Timelines
The first level of the appeals process involves going to a hearing before an administrative law judge, who will decide whether there is enough evidence to support your claim. Depending on your case, there may be additional levels of the appeals process.
There are very strict timelines that must be met, in order to reach a successful settlement, and your attorney can ensure that you do not miss any important deadlines. You will likely need to provide all medical records relating to your injury, as well as other evidence that will support your claim.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Help Injured Workers Navigate the Claims Process
If you have been injured on the job, and your Workers’ Compensation claim has been denied, it is in your best interest to contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton at your earliest convenience. We will guide you through every step of the claims process and obtain the maximum benefits you deserve. To schedule a free, confidential consultation, call us today at 844-556-4LAW (4529) or contact us online.