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Worker’s Compensation Part II: Frequently Asked Questions

Filing for worker’s compensation can be stressful and confusing, especially if you are in serious pain. Here, the legal experts at Murnane & O’Neill, Attorneys at Law answer some of the most common questions.

Becoming injured on the job can be a painful, stressful and confusing situation.  Understanding your rights under worker’s compensation law is important to alleviating some of the uncertainty and stress during this time, so that you can focus on your physical recovery. Below, the attorneys at Murnane & O’Neill have provided answers to frequently asked worker’s compensation questions so that you can make informed decisions regarding your individual claim.

Question: Am I covered by worker’s compensation?

The major criteria to determine your eligibility seem simple enough. (1) Are you an employee? And (2), did your injury occur as a result of your employment? That being said, it can be difficult to directly link an injury, disease or condition to an event at work or your working conditions. It is also important to note that checking off these two criteria does not necessarily guarantee you will be covered, as there are a number of factors that will be investigated, such as your sobriety and health at the time of the incident or claim. Speaking to a worker’s compensation attorney will always give you a clearer picture of your eligibility.

Question: Can I continue to receive compensation after returning to work?

Potentially: If you return to work, and can continue to earn greater than or equal to your prior earnings, your benefits will likely cease. If your injury or condition prevents you from earning wages commensurate to your previous income, you may continue to earn worker’s compensation, although the payments will likely be adjusted.

Question: I was not at my place of work when injured. Can I still receive worker’s compensation?

Again, potentially. Laws vary from state to state, but there are often ways to receive compensation even when your injury occurs away from the workplace. If you are at a business outing or event and are injured, you may be eligible for compensation. This applies to work-related errands and driving as well. It is important to be honest about the nature of your injury: if you are leaving your workplace at the bequest of your employer, but deviate from your task for a personal reason and are injured, you may not be eligible for compensation.

Question: I’ve filed a claim. How long will it take to be processed?

If all your forms and documentation is filed correctly, it typically takes two to three business days for a claim to be processed. Incomplete forms will take longer to process.

Question: Are there deadlines for employers and insurers to either pay a settlement or deny a medical claim?

Yes. The Maryland Worker’s Compensation Medical Fee Guide (MFG) regulations stipulate deadlines, penalties for failing to reimburse in a timely manner, required documentation and how to submit medical bills. If you believe your claim as been wrongfully contested or you have not received a payment on time, it is important to speak with an experienced worker’s compensation attorney.

If you have been injured on the job, you have a right to the worker’s compensation you are due. For more information, and or to speak with a skilled and experienced worker’s compensation attorney regarding your claim, contact Murnane & O’Neill, Attorneys at Law.