Workers’ Compensation Insurance
Workers’ compensation insurance is designed to protect employees who are injured or become ill due to their job. It provides financial benefits for medical expenses, lost wages, and rehabilitation. However, despite this safety net, there are instances where employers may deny a workers’ compensation claim. Understanding why this happens and what steps can be taken is crucial for employees facing such a situation.
If you have been denied workers compensation or if you have been offered it but think it may not be enough to fully recover from your work related injury or illness, it may be in your best interest to enlist the help of workers compensation lawyers Frederick, MD workplace injury victims and their families can trust.
Reasons for Denial
Employers or their insurance companies may deny a workers’ compensation claim for several reasons. Common reasons include:
- Lack of Evidence: One of the most common reasons for denial is insufficient evidence to support the claim. The employer or insurance company may argue that there is no clear connection between the injury and the employee’s job. For instance, if an injury wasn’t immediately reported or if there are no witnesses, the claim might be deemed unsubstantiated.
- Missed Deadlines: Workers’ compensation claims have strict deadlines for reporting injuries. If an employee fails to report the injury within the required timeframe, the employer may have grounds to deny the claim. Each state has different deadlines, but typically, employees must notify their employer within a few days to a month of the incident.
- Injury Occurred Outside of Work: Employers can deny claims if they believe the injury did not occur within the scope of employment. For example, injuries that happen during lunch breaks, commutes, or while an employee is engaging in activities outside of their job duties may not be covered under workers’ compensation.
- Pre-Existing Conditions: Employers may use this as a basis for denial if the injury is related to a pre-existing condition rather than a workplace accident. However, if a work-related activity aggravates a pre-existing condition, the employee may still be entitled to benefits.
- Violation of Company Policy: Employers can deny claims if the injury occurred while the employee was violating company policies. This includes actions like horseplay, being under the influence of alcohol or drugs, or engaging in other prohibited behaviors while on the job.
While employers have the right to deny workers’ compensation claims under certain circumstances, employees also have the right to appeal and fight for the benefits they deserve. Understanding the reasons for denial and knowing the appropriate steps to take can make a significant difference in the outcome of a workers’ compensation case.
Are Maryland Employers Required To Carry Workers’ Compensation Insurance?
With few exceptions, it is a requirement for employers of one or more employees in the state of Maryland to provide workers’ compensation coverage. They are supposed to obtain this from any insurance company licensed to write workers’ compensation insurance in the state of MD or from the Chesapeake Employers’ Insurance Company, unless they get approval to become a self-insured employer. When an employer fails to do carry workers compensation insurance, they may be subject to fines of up to $10,000.
If you were injured or became ill while at work and your employer denied your request for workers compensation, workers compensation lawyers who are licensed to practice in Frederick, MD can help you to understand your rights and what your next steps should be to try to protect you from the financial hardships that workplace injuries and illnesses often cause.
An employer and their workers compensation insurer are responsible for the payment of medical care and treatment of an injured employee.
Unfortunately, many insurance companies are only willing to pay the bare minimum that they can get away with paying without getting in trouble for denying a claim, even though this may not really be enough to cover medical and other expenses related to an employee’s workplace related injury or illness. One way to try to ensure that you will get the maximum amount of compensation you are entitled to is by having reliable workers compensation lawyers from Frederick, MD on your side.
Are employers required to file accident reports for an injured worker?
If an accident injures an employee and this results in the employee being disabled for a period of more than three days, the employer is responsible to report this accident to the Workers’ Compensation Commission within 10 days of being notified of the accident.
Injured employees are also responsible for filing an Employee’s Claim with the Workers’ Compensation Commission.
If a worker is injured on the job and cannot work because of this, is their employer responsible for paying the workers wages while they are absent from work?
When a worker misses work because of a disability that was caused by a workplace injury, they should not miss out on pay because of an injury that occured at work. They should receive an average weekly wage from the employer or the employer’s insurance carrier. If an employee does not receive this, it is probably time for them to get advice from workers compensation lawyers in Frederick, or anyplace else in Maryland that has lawyers licensed to practice in MD.
For highly rated workers compensation lawyers Frederick, MD workers are fortunate to have in their midst, contact Cohen & Cohen for a free case consultation and evaluation.
