Evidence Needed To File A Successful Maryland Workers’ Compensation Claim
When you get hurt on the job, workers’ compensation benefits provide a valuable form of insurance. They help to cover the immediate and ongoing medical care you require while offsetting lost income during your recovery.
Unfortunately, claims are often delayed or denied, necessitating further legal action. To get the maximum benefits you are entitled to in the quickest amount of time possible, our Maryland workers’ compensation attorney explains common types of evidence needed for a successful claim.
Evidence Provides Proof In Maryland Workers’ Compensation Claims
Workers’ compensation benefits in Maryland provide a lifeline for employees who are injured on the job. While most workers are legally entitled to these benefits, getting your claim approved is often a challenge. Disputes occur frequently and one of the most common is over the types of proof needed to file a claim.
Under the Maryland Code, varying burdens of proof are required in different types of legal matters. The burden of proof in workers’ compensation claims was clarified by the Maryland Supreme Court in 2022 in the case of United Parcel Service (UPS) v. David Strothers. UPS appealed an approved workers’ compensation claim Strothers filed, and a key dispute in the case concerned evidence.
The Court eventually ruled in Strothers favor and clarified two issues in regard to the burden of proof and evidence, which impacts other Maryland workers’ compensation cases:
- You must have definitive proof: This points to the quality of evidence presented. It must clearly and unmistakably convince a person of truth or fact alleged in the case.
- You must meet the burden of proof: A preponderance of evidence is required in Maryland workers’ compensation claims, meaning that it shows the facts presented are more likely than not true.
Important Evidence In Your Maryland Workers’ Compensation Claim
When on-the-job injuries happen and you file a claim through the Maryland Workers’ Compensation Commission, you will be required to provide this ‘preponderance of evidence’ to get your claim approved.
Failure to provide proper evidence is a common cause of denied benefits. To file a successful claim, work on collecting the following:
- Medical records documenting your initial treatment and ongoing care;
- Statements from your doctor detailing your diagnosis, your prognosis for recovery, and how your injuries impact your ability to work;
- Accident reports explaining how your injuries happened;
- Witness statements attesting to what they saw or experienced;
- Photos or other evidence documenting the accident scene.
Request A Consultation With Our Maryland Workers’ Compensation Attorneys
Evidence plays a key role in getting workers’ compensation benefits in Maryland. Berman, Sobin, Gross LLP. protects your rights to benefits, gathering evidence and providing the trusted legal guidance you need for a successful claim. To request a consultation with our Maryland workers’ compensation attorneys, call or contact our office online today.
Sources:
mdcourts.gov/lawlib/research/gateway-to-md-law/code-rules-laws-sources
courts.state.md.us/data/opinions/coa/2022/9a22.pdf
osha.gov/ords/imis/citedstandard.html
wcc.state.md.us/
