Disputing A MD Workers’ Compensation Claim
Both injured parties and employers can face difficulties when navigating workers’ compensation claims. While the system is designed to provide support for injured workers, there are instances where a claim may need to be disputed due to illegitimate grounds. Have a Baltimore personal injury lawyer review your situation to determine next steps.
Fabrications, Violations, and Medical Evaluations
Employers have the right to dispute a workers’ compensation claim if there are reasons to believe the claim is not legitimate. Common grounds for disputing a claim include the following.
- A claim’s validity could be questioned if there is evidence that the employee is exaggerating the injury, fabricating the incident, or providing false information.
- Non-work-related harm. Injuries that did not occur within the scope of employment or during work hours are not eligible for workers’ comp.
- Violation of policies. If the injury occurred while the employee was violating company safety protocols or policies, compensation may not be possible.
- Pre-existing conditions. Harm due to a pre-existing condition, not related to work activities, will be flagged.
- Lack of timely reporting. Strong claims need to be reported within the required timeframe Late filings raise questions about the validity of a claim.
Disputing a workers’ compensation claim requires solid evidence. For example, if fraud is suspected, surveillance may be an effective way to garner evidence of an employee engaging in activities inconsistent with their claimed injury.
It can also be helpful to collect statements from coworkers or other witnesses who were present at the time of the incident. Their testimonies can provide crucial information about the circumstances of the injury.
Also know that medical evaluations may play a significant role in disputing a workers’ compensation claim. Employers can request an independent medical examination (IME) by a doctor who is not involved in the employee’s treatment. The IME can provide an unbiased assessment of the injury and its relation to the workplace incident. This evaluation can be crucial in determining the legitimacy of the claim and providing evidence in a dispute.
The Importance of Timely Response and Legal Representation
Timeliness is critical when disputing a workers’ compensation claim. Employers must respond promptly to any claims and follow the required procedures to avoid default judgments. Failing to act in a timely manner can result in the claim being automatically approved.
Engaging legal representation is equally important. A knowledgeable Baltimore personal injury lawyer can guide you toward your objectives, ensuring all legal requirements are met. Legal counsel can help gather evidence and prepare documents on your behalf. By adhering to legal guidelines, employers can ensure a fair and just resolution while protecting their interests and maintaining compliance with Maryland law.
Should you talk to an attorney about a workers’ comp claim you believe is fraudulent? Disputing a Maryland workers’ compensation claim requires a thorough understanding of state law. Employers must act quickly and diligently, so as soon as possible connect with the attorneys at Iamele & Iamele, LLP, professionals who will listen closely to your unique circumstance. Contact us today to schedule a confidential consultation.
