Filing a workers’ compensation claim in Maryland is not as simple as telling your supervisor about the work injury and completing an injury report with your employer. Indeed, providing notice of injury to the employer is critical and mandatory. However, simply reporting the injury to the employer is only step one of filing a claim. In fact, after the employer reports the injury to the workers’ compensation insurance carrier, the injured worker will receive a claim number. That is still not filing a complete claim for your work injury. What else does an injured worker need to do?
Filing a workers’ compensation claim in Maryland also requires the injured worker to file a claim with the Maryland Workers’ Compensation Commission. It is important to note that your employer is not going to do this for you. You have to. There are two ways to do that. First, you can file the Employee Claim Form yourself on the Maryland Workers’ Compensation Commission website. Second, and most preferable, you can have an experienced Maryland workers’ compensation attorney file it on your behalf. Filing with an attorney will help eliminate mistakes on the employee claim form and allows an attorney to be involved from the start, especially because the employer may deny the claim.
There are a few timelines to discuss here. First, once you file the employee claim form, the employer has a 20 day window to either accept or deny the claim. The claim is assigned a Consideration Date, which is the end of that 20 day window. You can read more about the Consideration Date right here. Second, it is important to note that an employee has two years from the date of injury to file an employee claim form with the Commission. This is what is called the Statute of Limitations for a workers’ compensation claim in Maryland. Failure to file a claim within two years all but bars your claim, with very limited exceptions.
When you file a claim with the Commission, the Commission then will send notice of the claim to the employer and insurance carrier. Herein starts the Consideration date and the opportunity for the insurance carrier to accept or raise objections regarding the claim. The whole point of this article is to make sure you do not confuse filing a claim with your employer and their insurance carrier with filing a claim with the Maryland Workers’ Compensation Commission. You must file a claim with the Commission.
If you have been injured on the job in Maryland, Mooney Law can help. We can help you in filing a workers’ compensation claim in Maryland with the Commission. Call us today to schedule a FREE consultation regarding your work injury at 717-200-HELP or 443-712-7767. You can also email us for a free consultation at email@example.com. You can also visit our website at Mooney4Law.com to schedule a free consultation.