How to File an Appeal in a Workers’ Compensation ClaimFebruary 28, 2019
If you work in the state of Maryland, and you were injured on the job, you may be eligible for Workers’ Compensation benefits through your employer’s insurance company. These benefits will cover medical expenses, lost wages, and other costs associated with the injury.
A skilled and experienced Baltimore Workers’ Compensation lawyer can guide you through every step of the appeals process and help you secure the full benefits that you deserve.
Reporting Your Injury
It is crucial that you notify your employer about your injury as soon as possible. For an injury, you must let your employer know within ten days of the accident. If you have an occupational illness, the deadline to provide a written notice to your employer is one year from the day you learned that the illness is work-related. If you wait too long, and miss a deadline, you may be ineligible to collect benefits.
After you have reported the injury to your employer, you will need to file a claim with the Workers’ Compensation Commission, either online or in the mail, within 60 days of the injury.
In order to determine whether you are eligible for benefits, the insurance company will take the following steps:
- Conduct a thorough review of your medical records
- Look closely at your work experience, education, and salary
- Schedule a medical exam
- Schedule a functional capacity evaluation
Appealing a Claim That Was Denied
The first step in the appeals process is to request a hearing by submitting an Issues Form to the Commission. Choose the issue that applies to your work-related injury and send the form to both the Commission and your employer’s insurance company.
If the Commissioner presiding over your hearing does not rule in your favor, you may request a rehearing within 15 days of the Commissioner’s decision. In most cases, a rehearing is only granted if the Commissioner made a legal error, or if you have new evidence that you did not have access to at the original hearing.
If your request for a rehearing was denied, you have 30 days from the date the decision was mailed to you to file an appeal in the Circuit Court nearest you. The Notice of Appeal form can be found online at the People’s Law Library of Maryland.
At the hearing, you will need to provide detailed documents that will help prove why the Commission’s decision was unfair. If the court disagrees with any aspect of the Commission’s decision, your case may be sent back to the Commission for reconsideration.
Finally, if you lose at the Circuit Court, you may appeal to the Maryland Court of Special Appeals.
It is highly recommended that you obtain legal counsel when appealing a Workers’ Compensation claim that was denied.
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 was denied, the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will protect your rights and guide you through every step of the appeals process. We will address all of your questions and concerns and ensure that you receive the full benefits to which you are entitled. We will not stop fighting for you until you are completely satisfied. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online. We assist clients in Baltimore and throughout Maryland.