Following a work injury, you may decide you want to pursue legal action to recover monetary compensation for your damages. To do so, you must file a workers’ compensation claim. This is a special type of insurance employers must obtain to provide cash benefits for medical care for workers who are injured or become ill on the job. However, in some cases, workers are denied an award or their award has not been calculated accurately. When this is the case many wonder whether they can appeal a workers’ compensation award. Follow along to learn whether you can appeal a workers’ compensation award. In addition, learn how a proficient Prince George’s County Work Injury Lawyer can help you navigate the complexities associated with this legal process.
How do I appeal a workers’ compensation award in Maryland?
Even if you file a workers’ compensation claim, you are not guaranteed monetary compensation if you suffer an injury or illness as a result of your occupation. There are numerous reasons why you may be denied these types of benefits. To be approved for workers’ compensation benefits, an individual must meet eligibility requirements including being an employee rather than an independent contractor. If you believe that you were wrongly denied, you may appeal this decision and request a hearing with the Maryland Workers’ Compensation Commission. Essentially, you can appeal an award in Maryland. However, that does not mean that after disputing your claim, the Commission will change its previous decision. If you are denied at your hearing, you can request a rehearing.
In addition to being denied a workers’ compensation award, you may believe that you have not received sufficient benefits for your damages. Under certain circumstances, your award may not be accurate because your weekly wages were calculated wrong. In this case, you would request a hearing with Maryland’s Workers’ Compensation Commission just as you would if you were denied. If you disagree with their decision and believe you have received insufficient compensation for your losses, you can request a rehearing. It is pertinent to note that despite having the ability to request a rehearing the Commission does not have to grant you a rehearing.
When are rehearings granted?
Generally, if the Commission does grant you a rehearing it is because either a legal error occurred or you have new evidence to present that was not available at the time of your first hearing that corroborates your claim. However, if a legal error did not occur or you do not have relevant evidence to present, you will likely be denied a rehearing. If you are denied a rehearing, you are entitled to appeal to the Circuit Court. If your appeal is lost in Circuit Court you have the option of filing an appeal to the Maryland Court of Special Appeals. As you can see, workers are entitled to appeal a workers’ compensation award and have several opportunities to dispute the issue. However, it is critical to remember that you can only challenge a workers’ compensation award if you believe you were wrongly denied or you believe you did not receive the correct award for your losses.
For more information on how you can appeal a workers’ compensation claim, reach out to one of our determined lawyers. Our firm is committed to helping our clients recover reasonable compensation for their devastating losses.