Common Reasons Workers’ Compensation Claims are Denied
When you are injured on the job, you have a right to workers’ compensation benefits, as opposed to filing a personal injury lawsuit against your employer. Without receiving these benefits, injured employees would face financial hardship, serious recovery problems as they would be forced to return to work too early, loss of employment when they failed to keep up, and other unavoidable problems due to their injury or illness. Because employees are responsible for the success of a company, that company or employer has a right to take care of its employees when they suffer from workplace accidents, whether it was the employee’s fault or not. However, workers’ compensation benefits are extremely difficult to procure without the assistance of an experienced Maryland workers’ compensation attorney. Even with legal guidance, many employees are denied the first time around for a variety of reasons, because when it comes down to it, employers and their insurance carriers do not like paying for expensive medical bills and lost wages.
Inconsistent Accident Report or Employer Disagreement
If there are any discrepancies in the accident report, such as a witness not agreeing with your account of events, the employer may attempt to deny your coverage. Or, your employer may claim that the accident did not happen at work, or that you were intoxicated at the time. It is important to get the facts straight and to make it impossible for your employer to pick holes in your report.
Insufficient Medical Evidence
An employer may claim that your back pain is not a valid reason for a claim to be approved, even if the pain you have been experiencing is excruciating, affects your work and personal life, and keeps you up at night. Well documented medical evidence is paramount in any successful claim.
An employer may deny a claim because it was not filed in time. In Maryland, you have up to 60 days to file a workers’ compensation claim, according to Maryland §9–709. However, in some extenuating circumstances such as when “the employer or its insurer has not being prejudiced by the failure to file the claim,” you may have up to two years to file. .
Contact an Experienced Maryland Attorney Today
While lost income from time off work has dropped slightly in recent years, and the total frequency of workers’ compensation claims have dropped by 58.3 percent from 1991 to 2012, premiums are continuing to rise, according to the Insurance Information Institute. The cost of medical care has risen sharply over the past decade, and insurance carrier lobbyists have been successful in enacting state law workers’ compensation reform to strengthen their bottom line. Meanwhile, hundreds of thousands of injured workers are left struggling with bankruptcy, job loss, depression, and lingering and untreated injuries because they were denied coverage. If you were injured on the job, do not hesitate to contact us today for immediate assistance. Call the Maryland attorneys with the law office of Frame & Frame today at 410-255-0373.