Mistakes That May Negatively Affect a Workers’ Compensation Claim
If you have experienced an injury or illness as a result of your activities at work, a workers’ compensation claim is your opportunity to recover needed funds to cover lost wages and medical expenses. However, the claims process for workers’ compensation can be complicated, leading to mistakes on the part of the claimant. These mistakes can result in receiving less compensation than you rightfully deserve, or an outright denial of your claim. Today, we look at some of the more common mistakes people make when filing for workers’ compensation.
Failing to seek medical treatment
If you fail to pursue medical treatment in the aftermath of your workplace injury or illness, you can be denied workers’ compensation. If you stop seeing your doctors or stop undergoing treatment, your benefits may be cut off.
Failing to promptly report your Injury
It is imperative to report any injury you sustain at work to your employer within 10 days of that injury. If you fail to report the injury within the 10-day timeframe, your employer and/or the Maryland Workers’ Compensation Commission (WCC) may decide you are not really injured, or that your injury is not serious enough to warrant benefits. At a minimum you may be offered much less than what your claim is worth. At worst, your claim will be denied.
When it comes to illnesses resulting from workplace activity, the victim must report his or illness within one year of finding out about the connection between the illness and work. Any failure to submit a claim for workers’ comp within these time limits may result in a loss of the right to pursue the benefits.
After informing your employer, you have 60 days from the injury date to file a claim with the WCC. It may be possible to file a claim after this time for good reason, but the claim cannot be filed more than two years after the date of injury.
Failing to keep accurate records
If you suffered a workplace injury or illness, it is vital to maintain complete and accurate records, including your medical expenses, disability slips and time missed from work because of your condition. Failure to keep these records may shortchange your chances to have a successful claim and obtain the compensation to which you are entitled.
Taking on your workers’ compensation claim alone
There is no requirement in Maryland law to pursue a workers’ compensation claim with the assistance of an attorney. However, your attorney can ensure that your claim application is filled out correctly and submitted on time. He will handle any complications that might arise and help guide you through the process. If there is a problem with your claim, your Maryland workers’ compensation lawyer is the one who can represent you during hearings or an appeal.
The Maryland workers’ compensation attorneys at Plaxen Adler Muncy, P.A. are here to help you get the compensation you deserve in the aftermath of a workplace injury or illness. For a free, initial consultation, give us a call today at 410.730.7737 or fill out our contact form and send us a message.
David Muncy is a partner at Plaxen Adler Muncy. He focuses on personal injury, workers’ compensation, and Social Security Disability cases. For more information, please visit his bio.