Injured workers in Maryland have very specific statutory deadlines that must be complied with to be eligible for Maryland workers’ compensation benefits. Let’s take a look at those.
Notice to the Employer
When you are injured at work, you have to notify your employer of the injury. Failure to do so may bar eligibility for workers’ compensation benefits. There are some nuances to the limitations, but the best practice is always to report the work injury immediately. Here are the different notice requirements in Maryland.
Accidental Injury: Within 10 days of the date of injury. An argument can be made after ten days if there is ‘sufficient reason’.
Death Claim: Notice must be provided within 30 days of the date of death of the employee.
Occupational Disease: Notice must be provided to the employer within 1 year that the employee knew or should have known about the occupational disease.
Filing a Claim with the Maryland Workers’ Compensation Commission
Filing a claim with the Maryland Workers’ Compensation Commission (MD WCC) is different than providing notice of injury to the employer. An injured workers must comply with both.
Accidental Injury: An injured worker should file a claim with the MD WCC within 60 days of the date of injury. However, the law permits a two year statute of limitations to file a claim, unless the employer can prove ‘extreme prejudice”. Best practice is to call Mooney Law right when you get injured at work and we will file the claim for you.
Death Claim: A death claim must be filed with the MD WCC within 18 months of the date of death.
Occupational Illness: An occupational illness claim must be filed with the MD WCC within 2 years of when the injured worker knew or should have known about the occupational illness.
These deadlines are not flexible or forgiving. If you have been injured at work in Maryland, call Mooney Law right away. We will ensure you comply with deadlines and fight to win and protect your benefits you deserve. Call Mooney Law today for an absolutely free consultation at 717-200-HELP or 833-MOONEYLAW. You can also visit us on the web at http://www.mooney4law.com. Mooney Law vigorously litigates both Maryland and Pennsylvania work injuries.
