What Does a Workers’ Compensation Lawyer Do?

Many workplaces post a sign declaring how many days it has been since the last accident. The hope for all the workers is that the numbers keep ticking up, indicating it is a safe workplace. Despite the best efforts to stay safe, the U.S. Department of Labor reports that 882 workers’ compensation claims were filed in Maryland as of April 2024. Of that number, only 309 claims have been paid out so far. That is an excellent reason to find out what workers’ compensation lawyers do.

How Workers’ Compensation Works

The Maryland Workers’ Compensation Commission is the state agency that oversees the insurance program. This is how they define workers’ compensation:

“Workers’ compensation is an insurance program established by State law that all employers having one or more employees, full or part-time, are required to have for the benefit of their employees. With few exceptions, every employer in the State of Maryland with one or more employees is required by law to provide workers’ compensation coverage for their employees. An employer or employee cannot waive provisions of the Workers’ Compensation Law.”

Employees do not pay for this coverage, and there are no payroll deductions. This insurance is meant to provide compensation for expenses related to a workplace accident.

Starting the Filing Process

Just because an employee was injured on the job does not automatically mean they will receive compensation. That is where a workers’ compensation lawyer can be of assistance. That is an attorney who specializes in helping their clients file these types of claims. Your workers’ compensation attorney will help the filing process.

Because these attorneys understand how the insurance is designed to law work, they will be able to conduct the same level of investigation into the accident that the workers’ compensation commission action that seeks out the answers to the following questions:

• Is the injury considered payable?
• What is the specific accident that caused the injury during work hours?
• Was someone else’s negligence a factor in the injury?
• Did any disease occur as a result of a workplace injury?  For instance, coal miners develop respiratory illnesses.

A workers’ compensation lawyer will review all those same elements in their effort to file a claim on their client’s behalf. The goal is to ensure that there are no discrepancies with the claim that would trigger a denial.

There are also several important documents such as your medical records and an incident report that your attorney will collect as vital addendums to your file.

Filing Deadlines

Your workers’ compensation attorney will also keep your filing on track to ensure that you don’t miss an important deadline. For instance, after a workplace accident, you have ten days to report the incident to your employer. You must see a medical professional for a diagnosis and treatment within that time. You then have 60 days to file an official workers’ compensation claim. After the claim is filed, you will be sent a notice within 30 days if it has been approved or denied.

If approved, your employer needs to disburse your agreed-upon payment immediately. They will most likely only cover the lost wages portion of the claim. The medical expenses are paid directly to your healthcare providers. Your attorney will oversee the payments to ensure they are being delivered as they should.

Reasons for Claim Denial

There are a few situations where your workers’ compensation might be denied. Those reasons include the following:

• Incomplete application
• Type of injury not covered
• Inconsistent details

You have a right to appeal the decision, but that can become a complicated process. It is another reason why you want to involve an experienced workers’ compensation attorney. They will file your appeal and scheduling with the Maryland Circuit Court. If the initial appeal is rejected, your attorney could make another appeal to the Court of Special Appeals.

Your workers’ compensation attorney will take the lead for any appearance in court. If you retain the services of an attorney with a proven track record of dealing with the appeals process, you increase your chances of a favorable outcome.

Start the Claim Process

If you have a lawyer who specializes in this area review the application before you submit it, you will be in a stronger position to receive approval for your workers’ compensation claim. At Belsky & Horowitz, LLC, we understand Maryland workers’ compensation laws and can become a supportive guide through the entire filing process. Call for a free consultation to discuss your situation and rights you have in your case.