Do Not Let A Denied Workers’ Comp Claim Derail Your Recovery

Last updated on March 25, 2025

Founded by Matthew P. Darby, Darby Law Group, LLC, has tenaciously fought for the rights of injured workers across Maryland. We understand how devastating it can be to suffer a workplace injury or illness, go through the claims process and then have your claim denied.

You do not have to give up – we are here to help overturn wrongful denials.

Denied Claim? Find Out Why.

A claim for workers’ compensation benefits can lead to a denial for several reasons. Missed filing deadlines, incomplete documentation or an employer disputing your injury can disrupt your claim from the start. Insufficient medical evidence will also compound the problem. Knowing the grounds that led to the denial can help you effectively challenge and overturn that decision.

Insurance companies and employers frequently deny legitimate claims for specific reasons that may not be immediately apparent to injured workers:

• Preexisting conditions: The insurer might claim your injury is related to a preexisting condition rather than a workplace incident.
• Disputed work-relatedness: Your employer may argue that your injury did not occur during work hours or while performing job duties.
• Lack of witnesses: Claims may be denied when no one witnessed the accident that caused your injury.
• Discrepancies in accident reports: Any inconsistencies between your account, medical records and official accident reports can trigger denials.
• Failure to report promptly: Waiting too long to notify your employer about an injury often leads to denied claims.
• Positive drug or alcohol tests: If post-accident testing shows substances in your system, the insurer might deny benefits even if intoxication did not cause the injury.

Understanding these common denial reasons can help you prepare a stronger appeal with your attorney’s assistance.

Navigate The Appeals Process With A Workers’ Comp Attorney’s Help

If the Maryland Workers’ Compensation Commission denies your claim, you can start the appeal. It is crucial that you do so as soon as you can. Here are the typical steps:

1. Involve an attorney after receiving a denial notice to understand what happened.
2. Your lawyer will thoroughly investigate why your claim was denied and develop a plan.
3. Within 30 days of the denial, your attorney must file the necessary appeals paperwork.
4. They will gather additional supporting evidence, including medical records, employment documents and witness statements.
5. Next is preparing for a hearing before the commissioner.
6. At this hearing, your lawyer will present a strong case, with evidence showing your injury or illness is directly related to your employment and warrants benefits.

Our firm handles workers’ comp appeals on a regular basis. What we often see is that the appeals system can be an overwhelming bureaucratic maze for an injured worker to tackle alone. An experienced attorney skillfully guiding you and protecting your rights through this complex process will be helpful.

What Are My Options If My Appeal Is Denied?

If your initial appeal is unsuccessful, you still have several options to pursue your rightful benefits. Working with an experienced workers’ compensation attorney becomes even more crucial at this stage as the legal process becomes increasingly complex:

• Circuit Court Appeal: You can appeal the Workers’ Compensation Commission’s decision to the Maryland Circuit Court within 30 days, which may involve a completely new hearing.
• Court of Special Appeals: If the Circuit Court ruling is unfavorable, you can petition the Court of Special Appeals for further review.
• Settlement negotiation: Your attorney may be able to negotiate a settlement even after appeals have been denied.
• Social Security Disability: You might qualify for SSDI benefits if your work injury results in long-term disability.
• Third-party claims: If someone other than your employer contributed to your injury, you may have grounds for a personal injury lawsuit.

Our attorneys will evaluate all possible avenues to secure the compensation you deserve, even after a denied appeal.

How Can I Lower The Risk Of A Denied Claim?

Taking proactive steps from the moment an injury occurs can significantly increase your chances of approval. Follow these guidelines to strengthen your initial claim:

• Report injuries immediately
• Seek prompt medical attention
• Document everything
• Follow medical guidance
• Consult an attorney early

Our firm can guide you through the initial filing process to minimize the risk of denial and position your claim for the best possible outcome.

Go Through Your Options With A Workers’ Comp Lawyer

A denied claim is not the end of the process. Our experienced team of professionals at Darby Law Group, LLC, has been standing up for injured workers in Hunt Valley, Baltimore and across Maryland for over 30 years. We will explore other options, such as filing a third-party personal injury claim, for you to receive additional compensation when appropriate.

Call 410-220-1108 today or contact us online for a free, confidential consultation on appealing your denied claim.