To Process a Maryland Workers Compensation Claim – What is the Consideration Date and how Long Does it Take to be Heard at a Hearing?

A very common question I get from client is that how much time that I will be heard before the Maryland Workers’ Compensation Commission. Like any judicial body and court, the Maryland Workers’ Compensation Commission schedules their own hearing. The injured and their attorneys appear when they are scheduled by the Commission. It is presumed that the hearing will be set about three to four months since time of filing. Of course, it depends on your venue. For instance, Workers’ Compensation Hearing are scheduled quicker at a higher volume sites such as Baltimore or Beltsville whereas lower volume sites such as La Vale and Cambridge are schedule less quickly

Consideration Date – What is it?

The Maryland Workers Compensation Claim procedure for the injured begins when a person file an “Employee Claim Form” with the Commission. This filing requests the location and detailed questions with regards to your injury. Once the Employee Claim Form is filed, the Workers Compensation Commission will mail a Notice of Claim to your employer’s workers compensation insurance carrier and your employer. There is a “Consideration Date” on the bottom-right of this Notice of Claim which is about one month from the time your Employee Claim Form was submitted. The insurer and employer will have until the Consideration Date to either contest the claim or accept the claim. If the employer and insurer contest the claim, the employer and insurer will submit Contesting Issues to the Maryland Workers Compensation Commission. You have to wait until the hearing to present the evidence of illness or your work-related injury. You cannot request a hearing on your behalf until after the “consideration date,” has passed. The reason is so critical to submit your claim immediately.

Insurer and Employer Submitted to Contest Issues; What do You do Next?

When your insurer and employer submit to contest issues, they will argue your claim before the Commissioner. A hearing will be held before the Commissioner to determine the validity of your claim. The hearing is set three to four months from the date your claim is submitted to the Commissioner. Evidence will be presented of your illness or your work-related injury which includes your medical records and will be called to testify at this first hearing. At the conclusion of this hearing, the Commissioner will render a decision whether or not your illness or injury is covered by the Maryland workers compensation statute. Until that time happens, you may or may not receive medical treatment for your injury. You will not be able to recover any workers’ compensation benefits like temporary partial disability or temporary total disability benefits. It is important that you consult with a lawyer to figure what rights you have and prepare for the Commissioner hearing.

How do You Schedule a Hearing Based on an Emergency?

In some instances, you can seek the Maryland Workers Compensation Commissioner to set a hearing due emergency circumstances. You are required to send documents to support urgency and sought are not always granted. For instances, if you cannot work due to work-related injury or illness and if you require emergency medical treatment or have received collection notices on past-due bills, then the Maryland Workers Compensation Commission may set a hearing sooner, within a matter of weeks instead of months.

Should you have any questions or need help with your illness or work-related injury, please contact the Soubra Law Firm today at 301-219-5038. The e-mail address is contact@soubralaw.com. The Firm will be happy assist to ensure to protest your interest when it comes to a Maryland Workers Compensation Claim.

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