Suffering a work injury can have devastating consequences. More severe injuries may have lasting consequences that lead to a disability claim and being out of work can wreak havoc on one’s income.
Thankfully, workers injured on the job can rely on their employer’s workers’ compensation insurance to help with medical bills. At least, worker’s comp insurance will cover bills if approved by the employer’s insurance company. So, what happens if insurance denies a claim?
How to appeal a denied claim in Maryland
Insurance companies may deny workers’ comp claims for several reasons. They may claim the injury occurred offsite or that the claimant sought care with an unapproved medical provider. Whatever the reason, Maryland offers workers several appeal options to secure medical coverage and protect their finances.
An attorney can help guide a claimant through the appeals process:
- Request a hearing: When denied, the Maryland Workers’ Compensation Commission sends the claimant a Notice of Dispute. The claimant will then submit an Issues Form with the Commission to request a hearing in front of a Commissioner. After hearing from the claimant and the employer, the Commissioner makes their ruling.
- Request a rehearing: Claimants may request a rehearing within 15 days of the Commissioner’s decision. The only reason the Commission will approve a rehearing is if the Commissioner made a legal error during the initial hearing.
- Appeal to the Circuit Court: Even if denied a rehearing, people may appeal to the Circuit Court within 30 days of the Commission’s ruling. An attorney can help file a Notice of Appeal with the Circuit Court, secure the hearing transcript and represent the claimant in court.
- Appeal to the Maryland Court of Special Appeals: If still denied, Maryland’s Court of Special Appeals can hear the appeal, but any errors can severely hurt one’s case.
Legal representation can help an appeal
Maryland residents looking to appeal a workers’ comp denial may find more success hiring a local lawyer familiar with employment law. An attorney can locate the relevant documents, help fill out pertinent information and work with judges and court personnel toward a resolution.