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Workers’ compensation denied? You still have options

| Apr 7, 2021 | Workers' Compensation

A work-related injury can disrupt your life. It can take a financial toll if you cannot work; it can cause frustration for your family; it can result in a great deal of physical and mental suffering for you. While workers’ compensation benefits may not remedy all these issues, they can provide vital support during a difficult time.

Thus, learning that your employer or insurance has denied your claim can be devastating. However, in this situation, it is crucial not to lose hope. You have options and may still be able to collect these valuable benefits.

Understanding the reason for the denial

Before you decide how to proceed, you should understand why the Maryland Workers’ Compensation Commission (WCC) denied a claim. Some of the most common reasons for denied workers’ compensation benefits include:

  • Failure to submit a claim in time
  • Failure to provide a complete application
  • Ineligibility because of employer or worker status
  • Ineligibility for benefits because the person did not suffer an injury in the course of employment
  • The allegation that the worker was intoxicated or engaged in reckless behavior

The WCC might also give you less than you deserve due to miscalculations. 

Under any of these circumstances, you may appeal the WCC’s denial.

Pursuing an appeal

If you disagree with the ruling on your application for benefits, you can appeal it. The appeals process allows you to challenge a decision you feel is unfair and have other parties review your case.

Generally, the appeals process entails hearings and then a Circuit Court appeal. There are strict deadlines and requirements for each of these options, so speaking with an attorney about your next steps can be crucial.

If you successfully appeal a decision, you can collect the financial compensation for which you are eligible.

Other options to consider

Appealing a decision by the WCC can be an option for anyone who feels they have been wrongfully denied benefits after a work accident. However, it is not the only avenue worth considering. In some cases, personal injury claims could also be an option.

Whatever you decide to do, remember not to lose hope if the WCC initially denies your claim. 

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