Baltimore Workers’ Compensation Lawyers
We Assist Workers Who Have Been Denied Benefits
Dealing with a work-related injury or illness is hard enough. Aside from the physical pain you are experiencing, you may be worried about how you will pay for your medical bills or provide for your family while you are unable to work. You expect your employer’s Workers’ Compensation insurance to help, but what happens if your claim is denied, or if your benefits are cut off before you are able to return to work?
If you have been wrongfully denied Workers’ Compensation benefits, you still have options. Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton have helped countless injured workers and their families recover benefits that have previously been denied. Whether you need help filing a Workers’ Compensation claim or if you have already been denied benefits, we are here to stand as your ally. Our skilled Workers’ Compensation lawyers will guide you through every step of the process to make sure that no detail is missed that could jeopardize your right to benefits.
All employers in the state of Maryland are required to provide Workers’ Compensation insurance for their employees. However, the laws regarding eligibility are complex and can be confusing for most workers and their employers. In some cases, this can lead to an unfair denial of Workers’ Compensation benefits. There are a number of possible reasons for your claim to be denied. Some are simply technical errors that are easy to remedy. Other reasons may be far more complicated, involving carefully orchestrated roadblocks set up by your employers’ insurance company. These types of issues may be harder to fight without the assistance of a skilled Workers’ Compensation lawyer.
Commonly cited reasons for a denial of Workers’ Compensation benefits include:
- Claim was not filed on time
- The claim was not accompanied by sufficient information or documentation
- The injury or illness was not work related
- Dispute over whether the worker is an employee or an independent contractor
- Dispute over the severity of the injury
Workers’ Compensation Appeals Process
If you have received notice that your Workers’ Compensation claim has been denied or if you believe that your claim has been underpaid, you have a right to request a hearing and file an appeal. While you are not required to retain a lawyer to help you, it is highly recommended. An experienced Maryland Workers’ Compensation lawyer will review your claim to determine if it is valid, and then build a case to maximize your benefits.
Request a Hearing
Both you and your employer have the right to request a hearing before the Workers’ Compensation Commission to settle any issues with your claim. The hearing will normally take place within three months. At the hearing, the Commissioner will listen your account of the events that led to your workplace injury and allow you to show evidence that supports your claim. Evidence typically includes written testimony by witnesses and doctors’ reports. An attorney representing your employer’s insurance company will have the opportunity to cross examine you and may supply their own evidence, including witness testimony or evidence gathered by a private investigator.
A decision will not be announced that day. You will receive the decision by way of a written order within 30 days of the hearing. If either you or your employer is unhappy with the outcome, you have to option to request a rehearing. This request must be made within 15 days of the Commission’s decision. Rehearings are rare and are usually only granted in cases wherein a technical error was made or in light of some new evidence that was not available at the original hearing.
Appealing to Circuit Court
If you are not satisfied with the outcome of the hearing or rehearing, you have 30 days to file an appeal with your local Circuit Court, stating whether you want the case to be decided by a judge or a jury. Appeals are more formal than Workers’ Compensation hearings and the rules are strictly enforced. Because the burden of proof falls to the side appealing the case, the evidence must be compelling. This almost always requires testimony by a medical expert, either in court or through a videotaped deposition. It is strongly recommended that you have a Workers’ Compensation lawyer to represent you during an appeal if you do not have one already.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Fight For Your Right to Receive Benefits
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton have been fighting on behalf of injured workers for more than 30 years. Let us put our experience to work for you. Call 844-556-4LAW (4529) today to schedule a consultation with one of our dedicated Baltimore Workers’ Compensation lawyers. We will review your case for free to determine if you have been wrongfully denied benefits and what your next course of action should be. Someone is available to take your call and answer your questions 24 hours a day or you can contact us online.