Evaluating the Strength of Your Worker’s Compensation Case

Evaluating the Strength of Your Worker’s Compensation Case

If you get injured at work, you may have assumed that all your monetary needs and the expenses for your recovery will be taken care of by your workplace. However, you may end up with a denied claim or medical bills that have only been partially taken care of by the compensation offered.

It’s at that moment that you start considering filing a case against the parties that have withheld compensation that’s rightfully yours. However, with the system stacked against you, you may feel like it’s hopeless to pursue legal action.

There are a few factors that affect the strength of your worker’s comp case, including how much experience your personal injury lawyer has. Let’s take a look.

The Reasons behind a Denied Claim

The first aspect of a case that a lawyer will evaluate is why your claim was denied. A common reason for denied claims is that they were filed late. You, your spouse/next of kin, or attorney should file the claim immediately after the accident happened, and your employer, in turn, needs to communicate with the insurance agency about it straightaway.

On the other hand, if your claim has been disputed, that means your company has denied the claim. They could do this because they deny that the accident happened, that the incident was not related to work, or that your symptoms are separate from any effect the accident may have had.

Your Rights as an Employee

Your employer may be acting out of self-interest to reduce costs, but with a strong, committed attorney by your side, you can pursue the claim. Your rights are guaranteed by state laws.

Maryland state laws, for example, state that employers must compensate employees injured at work or performing work-related tasks for medical bills, partial wage payments, and, if the employee dies, funeral expenses. Additionally, if a third party causes an injury to you while you’re carrying out work, tasks are also covered.

A person with a bleeding workplace personal injury.

The Nature of Your Injury

How your injury happened and what they also affect your case. For example, some employers may cite misconduct as the cause of your accident and dispute a claim. That doesn’t necessarily absolve your employer from paying you.

If you’re trying to pursue a claim for an illness or disease — it can be hard to prove that this was the company’s fault. The exception is environment-related illnesses like asbestosis. An employer is also still liable if an injury was more severe because of a pre-existing condition.

If you’re dealing with a denied claim, contact the legal team at The Lincoln Law Group to get started on building your worker’s comp case. The firm’s personal injury attorney can help you. The team also has immigration lawyers, family law attorneys, tax attorneys, and criminal defense lawyers in Silver Spring and Baltimore, MD.

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