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Maryland Workers Compenstion Rules and Laws

The state of Maryland defines the requirements for a viable claim for a Workers Compensation Claim where an injured employee may want to seek benefits immediately. Maryland Code §9-101 and the Maryland Workers Compensation Commission provides the injured worker an in short defines what is considered as payable injury. A worker’s compensation injury occurs as:

  • An accident that was caused by another’s negligence during the course of work;
  • An accident that caused injury during the course of employment; or
  • Any disease that resulted from a workplace and injury, including occupational diseases, sunstrokes, and frostbites.

These incidents can have consequences where an employee cannot work for an extended period of time and collect benefits. Employers must follow the rules to have their cases heard with no guarantee of compensation even with catastrophic injuries.

Steps to File Maryland Workers Compensation Claim

 Injured employees do not have to prove employer negligence to meet the requirement for Workers’ Compensation benefits in Maryland. If the claim is process correctly and the employee was injured on the job, normally receiving benefits are not an issue.   You must follow these steps below in order to ensure your claim is submitted to the Maryland Workers’ Compensation Commission:

  • Immediately after the accident, you must file a notice of injury with your employer which you have a 10 days deadline to file this notice. If you do not file within the deadline, you may not receive your compensation. As to occupational diseases, Maryland permits injured workers to file the report within one year. 
  • Your employer may require an accident report. If so, provide all the information such as witness statements and photos.
  • Once a report is filed, your employer will provide notice to the insurer that a notice is filed with them.
  • Found a medical doctor and start medical treatment. However, if it is an emergency, go to the hospital immediately. 
  • This is where a many people miss the opportunity to claim worker’s compensation benefits and skip this step. You must file a claim with the Maryland Workers Compensation Commission within 60 days from the incident. However, deadline extension is only provided with good cause shown with a two years statute of limitations.
  • When a claim is filed with the Maryland Workers Compensation Commissioner, the Commissioner will provide notice to the employer and insurer with regards to your claim.
  • The insurer will investigate the claim by reviewing your medical records, work history, and the facts of the accident. The insurer may go further and request a functional capacity evaluation.
  • The injured employee will receive the insurer’s determination within 21 days. If the insured approved the claim, the employee will receive benefits shortly. If insured denied the claim, the employee must file a claim with the Maryland Workers Compensation Commission.

The insurer may deny the claim based on several reasons such as the nature of the injury, an incomplete application, or some other reasons. Denials are common by the insured even when you have serious injuries. It is best to use a Maryland Workers Compensation Attorney to guide you through the process.

As your Frederick Maryland Workers Compensation Attorney with regards to Maryland Workers Compensation Process, the Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Frederick Maryland Workers Compensation Lawyer with regards to the Maryland Workers Compensation Process. You can contact the Soubra Law Firm at 301-219-5038 or through information link from this website.

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