Filing a worker’s compensation claim can be challenging. While you can pursue a workers’ compensation claim without legal representation, it may be difficult to deal with the insurance company or collect the benefits you deserve without a dedicated workers’ compensation attorney. There are some noteworthy mistakes to avoid when making an Anne Arundel County workers’ compensation claim, or else you could find it difficult or even impossible to secure compensation.
An attorney who has extensive experience representing clients in workers’ compensation claims could help ensure you avoid these pitfalls and work hard to make the process as smooth as seamless as is possible. Below are some of the fundamental errors to avoid when making your workers’ compensation claim.
Delaying Filing Action
One of the gravest errors that may be made when filing a workers’ compensation claim is failing to pursue a case within the deadline established by Maryland law. There are different deadlines in place for notifying an employer of the injury vs. filing a claim with the Worker’s Compensation Commission.
For example, Maryland Code § 9-704 requires that injuries sustained while on the job be reported to the worker’s employer within 10 days of the accident, or within 30 days of death of the worker is killed. The notification may be made either in writing or verbally. If the worker submits written notice of the injury to their employer, they must include the location, time, and reason for the injury, and sign the document.
Sometimes, workers suffer occupational illnesses that are not immediately detectable. When this happens, the law provides the worker 12 months from the date they become aware of the illness to notify their employer. With regards to filing a formal claim with the Workers’ Compensation Commission, the filing deadline is two years for both accidental injuries and occupational illnesses.
Assuming That Workers’ Compensation Covers All Losses Sustained
Workers’ compensation may cover the injured person’s medical expenses, such as their ambulance costs, hospital bills, and medications. This coverage may also include a portion of the workers’ income lost due to their injury.
With that being said, workers’ compensation may not cover the full measure of losses sustained by the victim, such as mental distress, emotional anguish, pain, and suffering. However, these damages may be recoverable in a personal injury claim if a negligent third-party individual or entity was responsible for the workers’ injuries.
Neglecting to Seek Medical Attention
Another vital mistake often made by injured workers in Anne Arundel County is neglecting to seek medical attention as soon as they know they have been hurt. It is crucial both for the worker’s health and wellbeing and to the outcome of their case that they get medical care immediately if injured. If the worker does not get medical care as soon as they are injured, the insurance company could deny their compensation claim.
Believing That the Insurance Company Is an Instant Ally
One last mistake made in Anne Arundel County workers’ compensation claims is the assumption that the insurance company is an ally and has the injured worker’s best interests in mind. Unfortunately, even when dealing with their employer’s insurance company, injured workers may find that the insurance company makes every effort to pay out as little compensation as they can. In some cases, the insurance company may even unjustly deny a worker’s claim.
An Anne Arundel County Workers’ Compensation Attorney Could Help You Avoid Mistakes When Filing Your Claim
Among the top mistakes to avoid when making an Anne Arundel County worker’s compensation claim is failing to adequately protect your legal rights. An attorney who is familiar with the workers’ compensation process could ensure that your injuries and other losses were fully documented in a claim for compensation.
A lawyer could also help preserve your right to any benefits that may be due to you and work directly with the insurance company on your behalf. Call now to schedule your attorney consultation.