A workers’ compensation denial is not the end of a Maryland claim. It is often the beginning of the next phase: identifying why the employer or insurer challenged the claim, gathering evidence, and preparing to present the case before the Maryland Workers’ Compensation Commission. The most important step is to act promptly, preserve your records, and get legal guidance before deadlines or missing evidence make the claim harder to prove.
If you were hurt at work in Anne Arundel County, Glen Burnie, or elsewhere in Maryland, a denial can feel overwhelming—especially when medical bills, missed paychecks, and pressure to return to work are already piling up. But an insurer’s denial is not the final decision. The Maryland Workers’ Compensation Commission can decide disputed issues after a hearing.
Why Are Maryland Workers’ Comp Claims Denied?
An employer or insurer can contest a workers’ compensation claim for many reasons. Sometimes the dispute is about whether the injury happened at work. Other times, the insurer may agree that an incident occurred but challenge the severity of the injury, the need for treatment, the period of disability, or whether the worker can return to a job with restrictions.
Common reasons for a denial include:
- The insurer says the injury was not work-related. It may argue that the injury happened outside work or did not arise out of your job duties.
- The insurer points to a preexisting condition. A prior back injury, knee problem, shoulder condition, or other medical history may be used to argue that work did not cause the current symptoms.
- The employer disputes how the accident happened. This can occur when there were no witnesses, an incident report was incomplete, or the worker did not report the injury immediately.
- The insurer challenges medical treatment. It may claim that a procedure, therapy, medication, or specialist referral is not reasonable, necessary, or related to the workplace injury.
- The insurer disputes lost-time benefits. It may argue that you can work, that suitable light-duty work was available, or that your time away from work was unrelated to the injury.
- The insurer challenges employment status. Some disputes involve whether the injured person was an employee, independent contractor, subcontractor, or covered worker under Maryland law.
A denial letter may contain only a short explanation, but the actual dispute can be more complicated. Do not assume the insurer’s conclusion is correct simply because it appears in writing. Medical records, witness evidence, job-duty information, and the timeline of your symptoms may tell a different story.
What Happens After the Insurer Denies the Claim?
After an Employee Claim Form is filed with the Maryland Workers’ Compensation Commission, the employer or insurer generally has a limited period to begin paying temporary total disability benefits or file issues contesting the claim. When the employer or insurer files issues, the case can be placed in line for a hearing before a Workers’ Compensation Commissioner.
A workers’ compensation hearing is a formal proceeding, but it is not a jury trial. The Commissioner reviews the disputed issues, hears testimony, considers exhibits, and issues an order. Depending on the case, the hearing may address whether the injury was work-related, whether you are temporarily unable to work, whether medical treatment should be authorized, what your average weekly wage should be, or whether you have a permanent impairment.
You may be asked to testify about your job duties, the accident, your symptoms, medical care, work restrictions, and the effect of the injury on your ability to work. The employer and insurer may have an attorney who questions your account and presents their own evidence. That is why preparation matters. A hearing can be the first time the core facts of your case are presented and tested in a formal setting.
The Law Office of Mitchell A. Greenberg, LLC—The LawChampion—helps injured workers prepare for this process rather than walk into it alone.
Evidence That Can Help Challenge a Denial
The evidence needed depends on why the claim was denied. In many cases, strong medical documentation is essential. Your doctor’s records should clearly connect your diagnosis, treatment, restrictions, and inability to work to the workplace injury or occupational exposure when medically appropriate.
Other useful evidence may include:
- Accident reports, emails, texts, or written notice to your employer;
- Statements from coworkers, supervisors, or others who saw the accident or knew about your symptoms;
- Photographs or video of the work area, equipment, hazard, or injury;
- Work schedules, time records, wage information, and light-duty offers;
- Emergency-room records, treatment notes, prescriptions, therapy records, and diagnostic imaging;
- Job descriptions showing the physical requirements of your work; and
- Evidence showing that work aggravated a preexisting condition, when applicable.
Do not alter records, exaggerate symptoms, or ignore work restrictions. Be accurate and consistent. Insurers often compare medical records, employment records, social-media activity, surveillance, and statements made in connection with the claim. A careful attorney can help organize the evidence and identify what is missing before the hearing date arrives.
Can You Appeal a Maryland Workers’ Compensation Decision?
It is important to distinguish between an insurer’s initial denial and a final decision by the Maryland Workers’ Compensation Commission. An insurer’s denial usually means the issue must be addressed through the Commission’s hearing process. A final Commission order can be challenged through a petition for judicial review in the appropriate Circuit Court.
Under Maryland law, a party aggrieved by a Commission decision generally has 30 days from the mailing date of the Commission’s order
to file a petition for judicial review. Missing that deadline can jeopardize the right to seek review in Circuit Court. The appeal process has procedural requirements, including filing and service requirements, so it should not be treated as a simple request for a second opinion.
For a claim involving Anne Arundel County, judicial review may proceed in the appropriate Circuit Court, depending on the circumstances of the case. The Circuit Court review process can involve the Commission record, legal arguments, and additional procedural steps. This is another stage where experienced workers’ compensation counsel can make a significant difference.
Why Having an Attorney Before the Hearing Changes the Case
A denied claim requires more than submitting additional paperwork. It requires a strategy. Before the hearing, an attorney can identify the exact issues raised by the insurer, obtain and review medical evidence, prepare you to testify, locate witnesses, challenge inaccurate assumptions, and present the facts in a way that addresses the Commission’s legal questions.
Mitchell Greenberg has built a record of advocating for injured workers in Maryland. The LawChampion has achieved six landmark settlements or awards in a single year, and Mitchell previously served as chairman of the Maryland Task Force on Injured Workers Rehabilitation. Those experiences reflect a deep understanding of how workplace injuries affect a person’s health, income, independence, and future.
Past results do not guarantee future outcomes, but they matter when you are choosing someone to handle a disputed claim. A denial is the point at which many workers realize the insurer is not simply processing paperwork—it is defending its financial interests. You deserve an advocate focused on protecting yours.
FAQ
Can I fight a workers’ comp denial in Maryland?
Yes. A disputed claim can be scheduled for a hearing before the Maryland Workers’ Compensation Commission, where a Commissioner can decide the contested issues.
Should I keep seeing my doctor after a denial?
Continue medically appropriate treatment and follow your doctor’s instructions. Consistent medical documentation can be important evidence in a disputed claim.
How long do I have to appeal a Commission decision?
A petition for judicial review of a final Commission order generally must be filed within 30 days after the order is mailed. Do not wait to get legal advice if you receive an unfavorable order.
What if the insurer says my injury was preexisting?
A preexisting condition does not automatically prevent benefits. The key issue may be whether work caused, aggravated, or worsened the condition.
Do I need a lawyer for a workers’ comp hearing?
You are not required to have one, but the employer and insurer may be represented. An attorney can prepare evidence, explain the process, and advocate for your benefits.
For help after a denial, visit Workers’ Compensation or Maryland Workers’ Compensation. Your consultation is free and has no time limit—call or text 443-672-8529 before the appeal deadline passes.