May 14, 2024

How To File A Workers Comp Claim In Maryland

Workplace injuries are unfortunately not uncommon occurrences. When an employee sustains an injury while performing their job duties, they are entitled to compensation through the workers' compensation system. If you're in Maryland and find yourself in such a situation, understanding the process of filing a workers' compensation claim is essential. In this comprehensive guide, we'll walk you through the steps involved in filing a workers' compensation claim in Maryland.

Understanding Workers' Compensation in Maryland

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment in exchange for the mandatory relinquishment of the employee's right to sue their employer for negligence. In Maryland, most employers are required to carry workers' compensation insurance to provide these benefits to their employees.

Reporting the Injury

The first step in filing a workers' compensation claim is reporting the injury to your employer. It's crucial to report the injury as soon as possible after it occurs. Maryland law requires employees to report work-related injuries to their employer within 10 days of the incident. Failure to report the injury within this timeframe could jeopardize your ability to receive benefits.

Seeking Medical Treatment

After reporting the injury to your employer, you should seek medical treatment for your injuries. Your employer may have a designated healthcare provider or require you to see a specific doctor for treatment. Make sure to follow your employer's instructions regarding medical treatment, as failure to do so could impact your workers' compensation claim.

Filing the Claim Form

The next step in the process is filing the Employee's Claim Form with the Maryland Workers' Compensation Commission (WCC). This form can be self-prepared or prepared by a workers' compensation attorney on your behalf. The Employee's Claim Form must be filed within two years of the date of the accident. In Maryland, the Employee's Claim Form is filed online through the WCC's website.

Submission and Signature

Once you've completed the Employee's Claim Form online, you must sign the original form and submit it to the WCC. Failure to provide the WCC with the signed original claim form within ten days of electronic filing could result in dismissal of your case. It's essential to ensure that all required documentation is submitted promptly to avoid delays in processing your claim.

Issuance of Claim Number and Notice of Employee's Claim

After the WCC receives the signed claim form, it typically takes about a week for them to issue a claim number and the Notice of Employee's Claim. The Notice of Employee's Claim serves as notification to your employer and their insurer that a workers' compensation claim has been filed. It also sets a "consideration date" by which the employer must file any objections (referred to as "issues") to the claim.

Entering Appearance with the Commission

Once the WCC issues a claim number, your attorney (if you have one) must formally enter an appearance with the Commission. Filing the Employee's Claim Form on your behalf does not automatically enter your attorney's appearance. Your attorney will represent you throughout the workers' compensation claim process and ensure that your rights are protected.

Resolution of the Claim

Once all necessary paperwork has been filed and any objections from your employer have been addressed, the WCC will review your claim and determine whether you are eligible for workers' compensation benefits. If your claim is approved, you may be entitled to receive benefits such as wage replacement, medical expenses, and vocational rehabilitation, depending on the nature and severity of your injury. The amount you receive may vary depending on various factors such as the nature and severity of your injury, your average weekly wage, and the specific provisions of Maryland's workers' compensation laws.

Appealing a Denial

In some cases, your workers' compensation claim may be denied by the WCC or your employer's insurer. If this happens, you have the right to appeal the decision. An experienced workers' compensation attorney can help you navigate the appeals process and fight for the benefits you deserve.

Contact Shultz Legal Today for Expert Guidance

If you've been injured on the job, don't navigate the complexities of filing a workers' compensation claim alone. At Shultz Legal, our experienced attorneys specialize in helping individuals like you secure the benefits they deserve. With our in-depth knowledge of Maryland's workers' compensation laws and our dedication to client advocacy, we'll fight tirelessly to protect your rights and ensure you receive the compensation you're entitled to. Don't delay—reach out to Shultz Legal today to schedule a free consultation and take the first step toward securing your future.