Steps to Take If Your Workers’ Compensation Claim Was Denied


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If you have been injured at work, your employer’s Workers’ Compensation plan will cover the costs associated with your injury.

Before you can begin to collect your benefits, however, you must file a Workers’ Compensation claim. This can be a complex process, and it is very important that you submit your claim within the specific deadline and provide all necessary information. An experienced Workers’ Compensation lawyer can help you with this process, but the following will provide an overview of steps to take if
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your claim was denied.

Request a Hearing

The first thing you will need to do if your claim was denied is to submit an Issues Form to the Maryland Workers’ Compensation Commission requesting a hearing. You will need to specify the issue that was cited as the reason for your denial, including whether your weekly wage was miscalculated or if the nature of your injury is in question. Once you have filled out the form, you must send it to the Workers’ Compensation Commission, as well as your employer or your employer’s insurance company.

A Commissioner will preside over the hearing, at which time you and your employer will have the opportunity to speak about the details surrounding your injury. After listening to both sides, the Commissioner will determine the benefits you are eligible to receive. If you still feel that the Commissioner’s decision is unfair, you may request a rehearing. You have 15 days from the date of the Commissioner’s decision to proceed with this action. Your request must be submitted in writing to the Commissioner’s office. If a rehearing is denied, or the rehearing was granted but you lose, you may appeal to the Circuit Court.

Appealing to Circuit Court

If you plan to file an appeal to circuit court, you have 30 days from the date the decision was mailed to you. Within that period, you must file a Notice of Appeal with the Circuit Court that is closest to where you live. This form can be found on the People’s Law Library of Maryland website. After the appeal is filed, it is recommended that you request a copy of the transcript from your hearing, which must be made in writing to the Maryland Workers’ Compensation Commission. It takes approximately 60 days for the transcript to be prepared.

Circuit Court Hearing

The Circuit Court hearing gives you and your employer, or the insurance company, the opportunity to speak about your case. The burden is on you to prove why the Commission’s decision was incorrect or unfair. If the court rules in your favor, it may send the case back to the Commission to be reconsidered. If you lose, you have the option of appealing to the Maryland Court of Special Appeals. It is in your best interest to secure legal representation if you go this route because there is a great deal of procedural rules that govern these appeals, and any error or misstep can have a negative impact on your case.

ABOUT THE AUTHOR: Paul Tolzman
One of Maryland’s “Super Lawyers,” Paul Tolzman received his Bachelor of Arts degree in History from Loyola University Maryland and earned his Juris Doctor degree from the University of Baltimore School of Law. He was admitted to practice before Maryland Courts in 1977. Mr. Tolzman has extensive litigation experience in criminal/DUI defense. In addition, in the personal injury arena, his firm has recovered over $100 million for his clients.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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