Confirmation of Your Workers’ Compensation Claim

scalesYou just received the summary and confirmation of your workers’ compensation claim from the Workers’ Compensation Commission (WCC). This is really a summary form of the claim we submitted for you. It does have some special information in it, however.

This post explains what this document says, what it means to you, and what will happen now.

Consideration Date

In the lower right hand section of the claim confirmation you just got is something called the “consideration date.” That is the deadline given to the insurance company to file a challenge in your case, if they want to challenge it. If they do, the case will be automatically set in line for a hearing. If they do not, the WCC will automatically issue an initial Order in your case. For more about that, see the post about it called “Uncontested Workers’ Compensation Claim.”

When the date passes, give it a few more days for the WCC to issue their orders. When they do, they will send a copy to you in the mail.

When Will Your Benefits Start?

The insurance company is not legally required to start any of your benefits until after the consideration date passes and that first Order is issued. Often, they will start paying you earlier if they don’t have a problem with your claim. But they don’t have to if they don’t want to. This stinks. I know.

Is the Claim Information Accurate?

Did we get all the details right on the claim form? Did we spell everything correctly? If not, let my assistant know and we can file a correction form. 

What To Do Now

Cross your fingers and do nothing! The last thing I want to do is “rock the boat” and draw attention to your claim at this critical time. The best thing that can happen is for the consideration date to pass, and for that first Order to issue in your favor. If the insurer challenges your claim, you will have to wait a long time for a hearing.

Of course, if the insurer has told me they accept your claim and are willing to start paying you, I will assist them in getting what they need to make things smooth. If that happens, my staff may ask you to help get certain things (like disability slips or sometimes medical reports) to speed up the process. But I do not normally start banging on the insurance companies door until the consideration date passes.

If you have questions about what we should do in your claim, please call me to discuss it. Different factual situations call for different tactics.

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About Tucker Clagett

Tucker has one of the largest Personal Injury and Workers’ Compensation practices in Southern Maryland. He is an experienced litigator, winning jury trials in courts around the state, and successfully litigating appeals in Maryland’s Appellate Courts. Tucker is very active in the community and loves to serve through various community groups and non-profit agencies, some of which he created. He is on the Board of Directors of Living Water of Charles County, which puts water and septic into homes of families with out. Tucker is also a member of the Mason Springs Conservancy, which purchased an environmentally sensitive piece of land along the Mattawoman Creek to protect it from pollution while leaving it open to local fisherman who have been fishing there for decades. Tucker is a member of the Maryland Association for Justice. He served as Law Clerk to the Honorable Richard H. Sothoron on the Prince George’s County Circuit Court.