Maryland workers who are injured while undertaking duties at work or become ill because of the nature and environment are usually protected by the state’s workers’ compensation laws. Most employers are required to protect their employees by taking out insurance so there is money available if they become injured or sick while at work. This all sounds favorable when it comes to workers. However, often workers’ comp claims are denied because insurers don’t want to pay unless they are forced to do so or some administrative mistake is made leading to the denial. This doesn’t mean a worker has to give in as the workers’ compensation decision can be appealed. There is a good chance of success with the help of an experience workers' comp attorney. Workers' Compensation Law in Maryland In Maryland the body that deals with workers’ comp claims is called the Workers’ Compensation Commission. Maryland has a number of provisions which apply to police officers, firefighters, rescue squad members and other employees who are in high risk jobs. These provisions include occupational diseases suffered from work such as lung disease, heart disease, hypertension and hearing loss is covered in most cases. Maryland generally doesn’t allow for mental injuries, but the Maryland Court of Appeals has on a few occasions determined that post-traumatic stress disorder (PTSD) could be included in a workers’ comp claim. If the injuries are self inflicted or due to alcohol and drug abuse these aren’t covered by workers’ comp. The benefits offered include medical treatment costs, loss of wages and also vocational rehabilitation. Wage replacement is calculated at 2/3rds of your weekly wage. You can choose your own doctor, who is only allowed to charge an amount determined by the Workers' Compensation Commission. Why Your Claim Could be Denied here are a number of possible reasons for a claim denial. These include: failing to file a workers’ comp claim by the due date the employer considers the injury or illness did not occur at work there may be a mistake on the claim form made either by the claimant or employer Sometimes a workers’ comp claim is denied because your employer claims: you weren’t wearing or using the prescribed safety equipment at the time of the accident you had intentionally injured yourself (this does not include accidents that you had caused unintentionally) you were under the influence of alcohol or illegal drugs when the accident happened. The Maryland Workers' Comp Appeals Process If after filing a workers’ comp claim it’s denied or you don’t agree with the value of your wages’ calculation you can request a hearing with the Workers’ Compensation Commission to appeal your workers' compensation case. You will need to file an “Issues Form” with the Commission that indicates your request for a hearing. You have to choose the issue which you believe received the wrong decision. This could be the workers’ comp wages calculation or if your injury was not considered to be related to work. This form needs to be mailed to the Commission and your employer’s insurer. At the hearing, your chosen attorney will offer evidence which supports your position. This could be documents showing your weekly wage if your workers’ comp payment was calculated wrongly, a signed testimony from your doctor describing the nature of your injuries or sickness, witness’s reports from work colleagues revealing how the accident happened. Once the hearing is over an order will be published stating the amount owed to you by your employer's insurer. If you or your employer doesn’t agree with the order an appeal may be lodged in the Maryland Court. If this hearing doesn’t work in your favor you may request a rehearing within 15 days of the hearing. This rehearing will only be agreed to if the Commissioner has made a legal mistake or there is new evidence that has become available. If a rehearing is denied you are granted the right of appeal to the Circuit Court. For this you must file a Notice of Appeal. The Circuit Court will either agree or disagree with the decision that the Commission has made. If the Court decides to disagree with just some of the decision, it might send your claim for reconsideration by the Commission. Why a Workers' Comp Attorney Can Help You are probably wondering what all the fuss is about as the workers’ compensation law is so clear. Often though insurers try to find any excuse not to pay and will put the onus on you to prove your right to workers’ compensation. If your workers’ comp. claim has been denied you are wise to hire an experienced workers’ compensation attorney to help ensure you get the workers’ comp entitlement you deserve through an appeal.
