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What must I prove to collect workers’ compensation?

On Behalf of | Oct 27, 2021 | Workers' Compensation

Getting sick or hurt at your job could mean you are eligible to receive workers’ compensation benefits. These benefits, which can replace lost wages and cover medical expenses, can be crucial to the welfare of workers and their families.

Thus, filing a successful workers’ comp claim is crucial. To do so, you will need to provide the following pieces of information.

Evidence linking injury to your work

For a person to be eligible for workers’ compensation, they must show that their injuries or illness happened at work or in the course of employment.

In some cases, showing this is simple. For instance, if you fell off of a ladder while reaching for something in the supply closet at work, that would be easy to show as an injury suffered on the job.

In other cases, the connection is not that straightforward. For example, you might have back pain that has gotten worse over time and isn’t solely the result of work, which can complicate things.

Injured workers also will need a medical provider to indicate with a reasonable medical certainty or probability that the work need for medical care and injuries are causally related to the work-related accident.

Meeting other eligibility requirements

Per Maryland workers’ compensation benefits, you must be an employee to be eligible for workers’ compensation benefits.

You may think you are an employee, but there are situations where employers will misclassify someone or hire them as a contractor instead of an employee. Whether you realize it or not, you may not be covered by your employer’s insurance.

Further, benefits can be denied to people if they intentionally caused their injuries or if they were drunk or impaired at the time of an accident.

And finally, even if an employee notifies an employer immediately following an accident, if an employee fails to file a proper Claim within two of the date of the accident or two years from actual knowledge of an occupational disease, the injured worker could be timed barred from receiving coverage.

Preparing your claim – and yourself

Collecting all this information can be daunting, and you may not know where to look for what you need. Because of this, it can be helpful to consult an attorney when you are preparing to file for benefits.

Additionally, there is often an emphasis on documentation and specific documentation to ensure a Claim is supported. Experienced counsel are crucial to ensuring all necessary documentation is obtained to either resolve issues with an employer and its Insurer, or present an argument at a hearing.

When you know what to expect when applying for workers’ compensation benefits, it can be easier to obtain the benefits you need for your recovery.

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