Common Maryland Workers’ Compensation Mistakes
Many workers are denied the benefits they need because of common mistakes. Maryland workers’ compensation lawyers can avoid or fix these mistakes by employing their years of experience. Without the assistance of an experienced attorney, victims of work accidents could find their claims denied. Reach out today to review your options.
Most Common and Impactful Errors People Make
Some of the most commonly made mistakes people make when seeking workers’ compensation in Maryland are not giving complete information and not notifying their employer completely and promptly. Sometimes, they do notify their employer, but they do not get documentation to prove it. The employer claims that the worker never told them and that too much time has passed to make a claim. There are time limits for most things, so the biggest mistake is not reporting it and not reporting it accurately.
It is also a mistake to be under the influence of alcohol or drugs at work. If someone is under the influence and that is a cause of their injury, they might have no coverage whatsoever or workers’ compensation might pay for medical treatment only depending on how much of a cause the intoxication was for the accident.
Exceeding Claimed Limitations
Another common mistake is getting caught doing something the claimant said he can’t do. The quickest way to lose benefits and possibly earn criminal charges for fraud is to exaggerate physical or psychological difficulties. This can be really complicated because under the system, an individual does not get anything covered unless they complain about it. Most people are taught not to complain, but if they do not complain, they are not covered for it. To avoid this problem, some of the best advice a lawyer can give a claimant is to never say “never” or “always” when referring to reduced functioning.
Inadequate Documentation of Causally-Related Injuries
In the workers’ comp system, only injuries and diseases which were caused by the job receive coverage. Unless a healthcare provider states in writing that the condition is causally related to the claimed work injury, an employer/insurer will not pay for the desired benefits and services. Many hospitals and physicians who do not have regular contact with the workers’ compensation system often forget or refuse to comment on a causal relationship in their reports, and that is incredibly problematic for a claimant.
Also, when a worker hurts more than one body part, doctors tend to focus on treatment and attention solely on the more seriously injured area. This often results in absolutely no mention of the other injuries in documentation so, when treatment or benefits for those areas is later requested, it is denied.
A good lawyer will ensure that the claimant is treating with quality physicians who will keep comprehensive and accurate records of all relevant conditions.
Causes of Common Mistakes in Maryland
People have emotions and may be angry following a serious injury. Sometimes workers feel like they would not have been injured if their employer had facilitated a safe working environment. They are angry with the employer and might act out and become hostile, yelling at people, and are fired as a result.
When insurance companies see that someone was fired and then filed the workers’ compensation claim, that is a red flag. They doubt the claim itself and believe it was done for retribution. Most mistakes people make are simply because they do not know otherwise. They do not understand the law or the procedures and they are focused on their pain and lack of income.
Avoid Common Maryland Workers’ Comp Mistakes with an Attorney’s Help
With the sheer amount of common mistakes Maryland Workers’ compensation claim victims could make, it could be of exceptional benefit to retain the services of a dedicated attorney. Victims of work-related injuries have to face insurance adjusters who often avoid paying what they need to, so choose to work with an attorney who could hold your interests at heart.