Workers’ Compensation is necessary for many injured workers to help them get the medical care they need to move forward with their lives. But unfortunately, a company will sometimes wrongfully deny a claim. However, this doesn’t always mean there is no recourse — a worker may still have options available to them. The Law Office of Sara El-Shall provides skillful representation to those who have been denied Workers’ Compensation benefits and helps them navigate the appeals process to help them secure the benefits to which they’re entitled.
There are numerous reasons a Workers’ Compensation claim might be denied. For instance, an employer might argue that the injury or occupational illness did not arise during the course of and in the scope of the worker’s employment. In addition, a claim may be denied if the worker was under the influence of alcohol or drugs at the time of the accident. Denials can also be issued due to errors and oversights in the initial filing of the claim, or if a worker was deemed an independent contractor rather than an employee.
Other common reasons for denial of a Workers’ Compensation claim can include the following:
Although a rejected claim can be discouraging, you may be eligible to file an appeal in order to obtain your rightful benefits. In the event you have received a claim denial, an experienced Workers’ Compensation attorney can help you overcome the obstacle that stands in your way of obtaining benefits. Offering reliable representation, in-depth knowledge, and skillful advice, Attorney Sara El-Shall has devoted her entire legal career to assisting workers with their Maryland Workers’ Compensation claims. Regardless of the reason for denial, she will assess your claim and determine the best course of action to help make your future secure.
In the event your Workers’ Compensation claim was denied, you may be able to file an appeal to overturn the denial and obtain the benefits you deserve. To appeal a Workers’ Compensation denial, a hearing should be requested with the Workers’ Compensation Commission. This is done by submitting an “issues form” to the Commission, and sending a copy to the Workers’ Compensation insurance company. A Commissioner will conduct the hearing and listen to testimony from both the employee and employer to determine whether you should receive benefits. If the Commissioner does not rule in your favor, you can make a written request for a rehearing within 15 days of the decision.
Another hearing will not automatically be granted — it is up to the Commissioner to decide whether it is warranted. They are typically only granted in the event new evidence has surfaced or a legal error was made by the Commissioner. If you are denied a rehearing for your claim, you can appeal to the Circuit Court within 30 days of the issuance of the decision. If you are given the opportunity for a rehearing and you are unsuccessful, you may be able to appeal your case even further to the Court of Special Appeals.
If you are successful in your Workers’ Compensation appeal, you may be eligible to receive various benefits. These can include partial payment of your lost wages, unreimbursed medical costs, authorization for future medical expenses, and attorney’s fees.
Appealing a denied Maryland Workers’ Compensation claim can be complex, and it’s best to have an attorney by your side who can guide you through the steps to take. Attorney Sara El-Shall understands that life after a work injury can be stressful, especially if your eligibility for benefits is uncertain. She is committed to walking with her clients through the administrative process of appealing a denied claim and fighting for their rights at the Circuit Court. Providing experienced representation and adept advocacy, Attorney Sara El-Shall thoroughly evaluates each client’s claim to offer an honest assessment and will assist you with filing a timely appeal.
Being injured on the job is hard enough — but when you’re denied the financial and medical benefits you need, it can be even more difficult. The Law Office of Sara El-Shall is dedicated to advocating for clients for Workers’ Compensation appeals to help ensure they obtain the benefits they’ve wrongfully been denied. Attorney Sara El-Shall represents clients in the Baltimore area and throughout southern Maryland, including Anne Arundel, Montgomery, Frederick, Harford, Howard, Cecil, and Prince George's counties. Call (410) 656-2909 to schedule a consultation.