How To Appeal Denied Workers' Compensation Claim In Maryland
Our workers’ compensation lawyers can fight for the benefits you deserve
Appealing a denied workers’ compensation claim in Maryland can be complicated and frustrating. If you got hurt at work, you probably think all you have to do is apply for workers’ compensation to get the compensation you rightfully deserve.
Unfortunately, that’s not how the system always works. Instead, you might have to appeal your denied claim and demand the benefits you need to get your life back on track. And if you do, it’s critical that you understand how Maryland’s workers’ compensation appeals process works.
Our workers’ compensation attorneys at Goldberg Finnegan in Silver Spring can help you every step of the way. We have years of experience successfully appealing denied workers’ compensation applications throughout Maryland. That’s why we want to help you rebuild your future.
Who denies workers’ compensation claims?
First, it’s important to understand who has the power to deny a workers’ compensation claim in Maryland. In general, there are two organizations that have this power:
- Your employer’s workers’ compensation insurance provider – This is the first organization that has the power to approve or deny a workers’ comp application.
- Maryland Workers’ Compensation Commission – If your employer’s workers’ compensation company denied your application, the state commission then rules on your claim and has the power to deny your claim as well.
Why are workers’ compensation claims denied?
Workers’ compensation claims are denied for a wide range of reasons, including:
- Failure to notify your employer about your workplace injury within 10 days of your injury.
- Official workers’ compensation claim (called an “Employee Claim Form”) filled out incorrectly.
- Application form submitted after the 60-day or 2-year deadline to apply for workers’ compensation with the Maryland Workers’ Compensation Commission.
- Lack of evidence that you sustained a work-related injury or illness on the job. This is especially true if you did not go to a doctor after your workplace injury.
- Injury or illness was a pre-existing medical condition.
- Your injury or illness did not occur at work.
- You were under the influence of drugs or alcohol at the time of your work-related injury.
Who rules on denied workers’ comp claims in Maryland?
Again, the first organization to rule on a denied workers’ compensation claim is often the Maryland Workers’ Compensation Commission. This situation applies if your employer’s workers’ compensation insurance provider denies your application for any reason.
If the Maryland Workers’ Compensation Commission denies your request for benefits, you can appeal your denied claim to a Circuit Court of Maryland. There, an administrative law judge will decide on your workers’ compensation appeal.
How much time do I have to appeal my denied claim?
If your workers’ compensation application is denied by your employer’s workers’ compensation insurance company, you have 60 days from the date of your denial to appeal your claim with the Maryland Workers’ Compensation Commission.
If the Maryland Workers’ Compensation Commission denies your appeal, you have 30 days in most cases to file an appeal with the Circuit Court of Maryland. However, that 30-day deadline can be even shorter if you request a new trial or ask the court to correct a judgment, especially if you believe there was a clerical error. In those cases, the deadline is often only 10 days to file your paperwork with the Circuit Court of Maryland.
Should I hire a workers’ compensation lawyer?
Appealing a denied workers’ compensation application in Maryland can be a complicated, confusing process. At any point, if you make a mistake or miss a filing deadline, your appeal might be denied and you could miss out on your opportunity to get the benefits you rightfully deserve.
An experienced Maryland workers’ compensation lawyer can often make a big difference. Attorneys who understand how the system works can help you navigate your way through the appeals process. That way, you can make sure that your appeal has the best opportunity for success.
Our attorneys can help you navigate the process of appealing a denied claim
Injured workers in Maryland routinely rely on Goldberg Finnegan to handle their workers’ compensation appeals. This is why so many injured workers consistently give our attorneys positive reviews. But don’t just take our word for it. Read our testimonials. Look at our case results.
We know how the workers’ comp system works in Maryland. We have routinely represented clients in the District Court for Montgomery County in Silver Spring and other courts throughout Maryland. Most importantly, you can trust us to give you the same advice we would give to our own family members. We’re on your side at Goldberg Finnegan.
Put your trust in a Silver Spring law firm that puts your needs first. Contact us and schedule your free case evaluation. Our workers’ compensation lawyers handle appeal cases throughout Maryland.