July 29, 2024

Odds of Winning a Workers’ Comp Case in Maryland

The odds of winning a workers' compensation case in Maryland are generally favorable for the claimant. According to available data, around 50-90% of workers comp claims get approved. However, it is important to understand that the odds of you winning your worker's comp claim derive directly from the facts and events surrounding your injury.

To better understand the odds you face in your worker's comp case, contact Shultz Legal today for a free workers comp consultation.

What Factors Effect The Chances Of My Workers' Comp Claim Being Approved?

Reporting the Injury

The first step in securing a workers' compensation claim is promptly reporting the injury to your employer. Maryland law mandates that employees report work-related injuries within 10 days of the incident. Failing to report the injury within this timeframe can jeopardize your claim and significantly reduce your odds of winning.

Seeking Medical Treatment

After reporting the injury, you should seek immediate medical treatment. The adequacy and timeliness of medical evidence play a crucial role in workers' compensation cases. Ensure that your healthcare provider documents the cause and extent of your injuries thoroughly, as this documentation will be critical evidence in your case.

Filing the Claim Form

The next step is filing the Employee's Claim Form with the Maryland Workers' Compensation Commission (WCC). This form must be filed within two years of the date of the accident. Filing the form online through the WCC's website is recommended. Ensure that all required documentation is submitted promptly to avoid delays in processing your claim.

Submission and Signature

Once you've completed the Employee's Claim Form online, you must sign the original form and submit it to the WCC. Failure to provide the WCC with the signed original claim form within ten days of electronic filing could result in the dismissal of your case.

Issuance of Claim Number and Notice of Employee's Claim

After the WCC receives the signed claim form, they typically issue a claim number and the Notice of Employee's Claim within a week. This notice informs your employer and their insurer about the workers' compensation claim and sets a "consideration date" for any objections.

Common Reasons for Denial

Several factors can lead to the denial of a workers' compensation claim. One common reason is the failure to report the injury in a timely manner. Reporting your injury promptly is essential as missing the ten-day reporting deadline can result in an automatic denial. Another reason is insufficient medical evidence. If medical records do not clearly link your injury to your work, your claim can be denied. Thorough documentation from your healthcare provider is essential. Additionally, disputes over whether the injury occurred during work can arise. Clear evidence, such as witness statements, can help counter these disputes.

The Appeals Process

If your workers' comp claim is denied, you have the right to appeal. The appeals process involves several steps. First, review the denial letter to understand the specific reasons for denial. Address deficiencies and gather additional evidence. Collect medical records, accident reports, and witness statements. Expert opinions may also strengthen your case. Next, file for a hearing with the Maryland Workers' Compensation Commission within the statutory timeframe.

The hearing will be before an Administrative Law Judge. Present your evidence and testimony effectively, addressing the reasons for denial and demonstrating your eligibility. Mediation or settlement negotiations may be possible, which can be quicker and less stressful.

Increasing Your Odds of Winning

To increase your odds of winning a workers' compensation case in Maryland, immediate action post-injury is crucial. Report the injury promptly, seek medical attention, and document everything. Accurate and detailed documentation is essential.

Keep all medical reports, accident reports, and correspondence. Witness statements from coworkers can be valuable. Consistent medical treatment is also important. Follow the prescribed treatment plan and attend all medical appointments. This shows you are serious about your recovery.

Lastly, Hiring an experienced attorney significantly improves your odds. An experienced attorney guides you through the process, gathers evidence, and advocates for you.

Get Started Today

Are you facing challenges with a workers' compensation case in Maryland? Navigating the complexities of the workers' compensation system can be daunting, but you don't have to do it alone. At Shultz Legal, our experienced attorneys are dedicated to helping injured workers like you secure the benefits you deserve. With our in-depth knowledge of Maryland's workers' compensation laws and a proven track record of successful cases, we are your best ally in ensuring a favorable outcome. Don't leave your future to chance—contact Shultz Legal today for a free consultation and let us fight for your rights and the compensation you are entitled to. Your recovery and peace of mind are our top priorities.