Working Toward Winning Your Denied Workers' Compensation Claim

If you've been injured on the job in Maryland, you may be entitled to workers' compensation benefits. However, the process of obtaining these benefits can be complex and confusing, especially if your claim has been denied.

In this blog post, we'll provide a comprehensive guide to the workers' compensation appeals process in Maryland, including tips and resources to help you navigate the system.

Understanding the Basics of Maryland Workers' Compensation

Before we dive into the appeals process, it's important to have a basic understanding of Maryland workers' compensation law. This section will cover the types of benefits available, eligibility requirements, and the process for filing a claim.

Types of Workers' Compensation Benefits in Maryland

• Medical Benefits: Under Maryland law, injured workers are entitled to receive medical benefits that cover the costs of necessary medical treatment, including hospitalization, surgeries, medications, rehabilitation, and other related expenses. The employer or their insurance carrier typically pays for these medical expenses.

• Temporary Total Disability Benefits: If an employee is unable to work due to a work-related injury or illness, they may be eligible for temporary total disability benefits. These benefits provide wage replacement equal to two-thirds of the employee's average weekly wage, up to a statutory maximum. The payment starts on the fourth day of the disability and continues until the employee can return to work or reaches maximum medical improvement.

• Temporary Partial Disability Benefits: In cases where an injured employee can work but at a reduced capacity or with restrictions, they may be entitled to temporary partial disability benefits. These benefits provide wage replacement equal to two-thirds of the difference between the employee's pre-injury average weekly wage and their current earnings.

• Permanent Partial Disability Benefits: If an employee sustains a permanent impairment or disability as a result of a work-related injury, they may be eligible for permanent partial disability benefits. The amount of compensation is determined based on the severity and location of the impairment, the employee's age, and their average weekly wage.

• Permanent Total Disability Benefits: In situations where an employee's work-related injury or illness permanently prevents them from engaging in any gainful employment, they may be eligible for permanent total disability benefits. These benefits provide wage replacement equal to two-thirds of the employee's average weekly wage, subject to a statutory maximum, for as long as the disability persists.

Eligibility Requirements for Workers' Compensation in Maryland

To be eligible for workers' compensation benefits in Maryland, employees must meet the following requirements:

• Employment Status: Most employees in Maryland, including full-time, part-time, seasonal, and temporary workers, are covered by workers' compensation laws. However, independent contractors, certain agricultural workers, and volunteers may not be eligible for benefits.

• Work-Related Injury or Illness: The injury or illness must have occurred in the course of employment or as a direct result of job-related duties. It is essential to establish a causal relationship between the work activities and the injury or illness.

• Notification: The injured employee must notify their employer within ten days of the injury or illness, preferably in writing. Failure to report the injury within this timeframe may result in a loss of benefits.

Filing a Workers' Compensation Claim in Maryland

To initiate a workers' compensation claim in Maryland, follow these steps:

1. Report the Injury: Notify your employer about the injury or illness as soon as possible. Provide detailed information about the incident and ensure it is documented in writing. Keep a copy of the report for your records.

2. Seek Medical Attention: Obtain medical treatment from an authorized healthcare provider. Inform the medical staff that your injury is work-related.

3. Complete Claim Forms: Obtain the necessary claim forms, including the Employee Claim Form (C-1) and the Employer's First Report of Injury (C-30). Complete the Employee Claim Form with accurate and detailed information regarding the injury or illness.

4. File the Claim: Submit the completed Employee Claim Form to the Maryland Workers' Compensation Commission (WCC) either online, via mail, or in person. Provide a copy of the form to your employer and their insurance carrier.

5. Claims Process: The WCC will review your claim and may request additional information or documentation. The employer's insurance carrier may conduct its investigation. Upon review, a decision will be made regarding your eligibility for benefits.

Reasons for Denial and How to Appeal

If your workers' compensation claim has been denied, don't give up hope. There are many reasons why claims are denied, but there are also many options for appealing the decision. This section will cover the most common reasons for denial and provide tips for appealing a denied claim.

Common Reasons for Workers' Compensation Denial

• Failure to Report in a Timely Manner: Promptly reporting the injury or illness to the employer is essential. Failure to notify the employer within the specified timeframe, usually ten days, can lead to a denial of the claim. It is important to report the incident in writing and retain a copy for documentation purposes.

• Lack of Medical Evidence: Adequate medical evidence is crucial in supporting a workers' compensation claim. If the medical records do not clearly establish a direct relationship between the injury or illness and the work activities, the claim may be denied. It is important to seek immediate medical attention, follow the prescribed treatment plan, and ensure thorough documentation of all medical reports and records.

• Pre-existing Conditions: If the employer or insurance carrier can demonstrate that the injury or illness existed before the employment or that it resulted from non-work-related factors, the claim may be denied. However, aggravation or worsening of a pre-existing condition due to work-related activities may still be compensable.

• Disputes Regarding the Course of Employment: If the employer or insurance carrier disputes whether the injury or illness occurred within the scope of employment, the claim may be denied. It may be necessary to provide evidence demonstrating that the injury or illness arose from job-related duties or conditions.

• Statute of Limitations: Failing to file a claim within the specified time limit can result in a denial. In Maryland, the statute of limitations for workers' compensation claims is generally two years from the date of the injury or last medical treatment, whichever is later. It is crucial to file the claim within this timeframe to preserve your rights.

Tips for Appealing a Denied Claim in Maryland

• Consult with an Attorney: Consider seeking legal representation from an experienced workers' compensation attorney. They can provide valuable guidance, assess the merits of your case, and navigate the complex appeals process on your behalf.

• Review the Denial Letter: Carefully review the denial letter to understand the specific reasons for the denial. This will help you address any deficiencies or provide additional evidence required for a successful appeal.

• Gather Supporting Evidence: Collect all relevant documentation, including medical records, accident reports, witness statements, and any other evidence that supports your claim. Obtain expert opinions, if necessary, to strengthen your case.

• Request a Hearing: File a Request for a Hearing with the Maryland Workers' Compensation Commission (WCC) to initiate the appeals process. This must be done within the statutory timeframe, typically within 60 days from the date of the denial.

• Present Your Case: Attend the scheduled hearing before an Administrative Law Judge (ALJ) of the WCC. Present your case, provide supporting evidence, and testify, if required. Be prepared to address the reasons for the denial and demonstrate the eligibility for workers' compensation benefits.

• Consider Mediation or Settlement Options: Explore the possibility of mediation or settlement negotiations with the employer or their insurance carrier. In some cases, reaching a mutually agreeable resolution may be a viable option to avoid a lengthy appeals process.

• Follow the Appeals Process: If the initial hearing does not result in a favorable outcome, you may have further appeal options within the workers' compensation system, such as requesting a review by the WCC or appealing to the Maryland Circuit Court.

Preparing for Your Hearing

If your claim is still denied after the initial appeal, you may be entitled to a hearing before the Workers' Compensation Commission. This can be a daunting prospect, but proper preparation can make all the difference. This section will provide tips for preparing for your hearing, including gathering evidence and working with an attorney.

Gather Evidence

Gathering compelling evidence is crucial for a successful denial hearing. Consider the following steps:

1. Medical Records: Obtain all relevant medical records, including diagnostic reports, treatment notes, and expert opinions, to support your claim. Ensure that the records explicitly establish the connection between your injury or illness and your work-related activities.
2. Witness Statements: If there were witnesses to the incident or individuals who can testify about the conditions leading to your injury, collect their statements. These statements can provide crucial support to your case.
3. Accident Reports: Gather any accident reports filed with your employer or any other documentation that outlines the details of the incident.
4. Employment Records: Collect employment records, including work schedules, job descriptions, and any relevant documentation that highlights your job-related duties and responsibilities.
5. Financial Documentation: Maintain records of any financial losses incurred due to the injury or illness, such as medical bills, prescription receipts, and wage loss statements.

Prepare Your Testimony

Take the time to prepare your testimony before the denial hearing. Consider the following tips:

• Be Honest: Provide truthful and accurate information regarding the incident, your injury or illness, and the impact it has had on your life and work.
• Be Clear and Concise: Clearly articulate the details of your injury, including how it occurred when it occurred, and the symptoms you have experienced. Focus on the facts and avoid speculation or exaggeration.
• Practice and Rehearse: Practice answering potential questions that may arise during the hearing. Rehearse your testimony to ensure clarity and confidence in your delivery.

Follow Your Attorney's Guidance

Your attorney will guide you through the entire process, from preparing your case to the actual hearing. Follow their advice and instructions closely. They will help you navigate the legal complexities, present your case effectively, and maximize your chances of success.

What to Expect at Your Denial Hearing

At your hearing, you'll have the opportunity to present your case and argue for the benefits you deserve. This section will provide an overview of what to expect at your hearing, including the role of the judge, the types of evidence that are admissible, and the possible outcomes.

Role of the Administrative Law Judge (ALJ)

The appeals hearing is presided over by an Administrative Law Judge (ALJ) from the Maryland Workers' Compensation Commission (WCC). The ALJ acts as a neutral decision-maker and is responsible for evaluating the evidence presented by both parties to reach a fair and impartial decision. The ALJ's role includes:

• Conducting the Hearing: The ALJ will oversee the proceedings, ensuring a fair and orderly process.

• Evaluating the Evidence: The ALJ carefully considers all the evidence presented by both the claimant (injured worker) and the respondent (employer/insurer).

• Questioning Witnesses: The ALJ may ask questions of the claimant, respondent, and any witnesses to clarify information or elicit additional details.

• Weighing the Arguments: The ALJ assesses the legal arguments presented by both parties and applies the relevant workers' compensation laws and regulations to the case.

• Issuing a Decision: After considering all the evidence and arguments, the ALJ will render a decision regarding the validity of the workers' compensation claim.

Types of Evidence that are Admissible

During the appeals hearing, both parties have the opportunity to present evidence to support their positions. The types of evidence that are typically admissible include:

• Medical Records and Reports
• Witness Testimony
• Employment Records
• Accident Reports
• Financial Documentation

Possible Outcomes of the Appeals Hearing

The ALJ will issue a decision after considering all the evidence and arguments presented during the appeals hearing. The possible outcomes include:

• Reversal of Denial: If the ALJ finds the claimant has provided sufficient evidence and meets the criteria for workers' compensation benefits, the denial may be reversed, and the claimant may be awarded the requested benefits.

• Affirmation of Denial: If the ALJ determines that the evidence presented is insufficient or fails to establish the necessary elements of the workers' compensation claim, the denial may be affirmed, and the claimant's appeal will be unsuccessful.

• Partial Approval: In some cases, the ALJ may find merit in certain aspects of the claim but not in others. In such situations, the denial may be partially overturned, and the claimant may be awarded partial benefits.

• Further Review: If either party is dissatisfied with the ALJ's decision, they may have the option to seek further review. This may involve requesting a review by the full Workers' Compensation Commission or appealing the decision to the Maryland Circuit Court.

Assistance with Workers' Compensation Appeals in MD

The workers' compensation appeals process in Maryland can be complex and confusing, but with the right information and resources, you can navigate the system and obtain the benefits you deserve. Working with an experienced workers' compensation attorney can help ensure that your rights are protected and that you receive the benefits you deserve.

If you need assistance with your workers' compensation claim denial and appeal, contact Farmer & Klopfer today to schedule a free consultation. Our experienced attorneys can provide the guidance and support you need to succeed.