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Appealing a Denied Workers' Compensation Claim

Workers’ compensation in Maryland is intended to pay for injuries that arise “out of and in the course of” employment in either place. However, workers’ compensation may be denied for several reasons. Workers who have been denied coverage under workers’ compensation may appeal the decision, and they may choose an experienced workers’ compensation attorney to represent them in front of the workers’ compensation commission, a court, and in related hearings and negotiations.

Contested Claims

When an injured worker files a workers’ compensation claim in Maryland, the employer has the opportunity to contest to the claim. This means that the employer can say to the workers’ compensation commission that it doesn’t believe either it or the workers’ compensation insurer should have to pay for the worker’s injury or illness.

A worker whose employer has filed contested issues against him/her is usually notified of the objection in writing by the workers’ compensation commission. The worker is then allowed to respond to the objection, either independently or through a workers’ compensation attorney of his or her choice. If the objection isn’t responded to properly, the workers’ compensation claim may be denied.

Denial Hearings

The workers’ compensation commission in Maryland may also deny a workers’ compensation claim without an objection from the employer, if it believes the claim does not meet the eligibility requirements of Maryland workers’ compensation law.

Whether or not an employer objection is involved, a worker may request a hearing before the commission if a claim is denied. During the hearing, the injured worker has the opportunity to present evidence and witnesses and to question any witnesses or evidence produced by the other side. A hearing usually takes place before an administrative law judge employed by the workers’ compensation commission.

Success After a Hearing

If you are successful at your hearing, some of the benefits could include partial payment of lost wages, reimbursement for medical costs, and authorization for medical expenses. If your benefits are granted after the hearing, you may also be able to receive an award of attorney’s fees, which is deducted from your initial workers’ compensation award. Attorney’s fees for workers’ compensation hearings are set at a fixed rate in Maryland, which is updated from time to time. The Workers’ Compensation Commission in Maryland can give you more information on attorney’s fees and rates.

How to Challenge Workers’ Compensation Denials

If your benefits are still denied after the hearing, you may be able to seek an appeal from a Maryland court if you still believe the denial is in error. An experienced workers’ compensation attorney can help you decide on the next best step in your case if you are turned down at a hearing and can also represent you in court if you decide to appeal the commission’s decision.

At Alpert Schreyer, we understand how confusing and overwhelming the workers’ compensation process can be, especially when you’re already struggling to recover from an injury or illness. Our experienced workers’ compensation attorneys fight on behalf of those injured while on the job, so that they can focus on getting well and finding work that suits them after an injury occurs.

For a free and confidential consultation, call our office today at (301) 812-4777, or send us a message via our free online form.

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SCHEDULE YOUR FREE CONSULTATION If you’ve been injured in an accident, contact us today. Our experienced, tenacious attorneys will help you achieve the best possible outcome in your case.