June 26, 2020

Maryland Workers Comp: An Overview

injured person filing workers comp form

Workers' compensation is a form of insurance that is meant to provide medical, wage and disability benefits for people who have been injured on the job. For the injured worker, they typically will receive payments to cover medical expenses and a percentage of their lost wages.

In an effort to educate readers and make information accessible about Maryland workers comp, the following article focuses on three key areas: the types of injuries covered, how benefits get determined, and the process for filing for claims.

Types of Injuries Covered by Workers Comp

To be eligible for workers' compensation in Maryland, injuries:

  1. Have arisen out of and in the course of employment;
  2. This injury led to a disease or infection that naturally results from accidental damage that arises out of and in the course of employment.

How Benefits Are Determined

Maryland workers' comp rates are determined by the average weekly wage of the injured worker and the permanent problems that are left over after treatment ends.

Money towards medical expenses, partial payment of lost wages, and, in the case of death, funeral expenses are covered by claims and paid out weekly. For individuals suffering from severe and permanent injury, additional money may be available.

Process for Filing a Maryland Workers Comp Claim

Step 1:

  • The injured employee must first tell their employer about the injury either orally or in writing within ten days of the incident.
  • If the employee dies because of the injury, the family must notify the employer of the accident within 30 days.
  • If the employee develops a disease, the employee or employee's family has one year from the time the disease is discovered (or the employee dies) to tell the employer.

Step 2:

  • If the employer is notified in writing, the employee must:
    • State their name and address
    • Note the time, place, nature, and cause of the injury
    • Sign or have someone sign on their behalf

Step 3:

  • The employee must file Employee Claim Form C-1 and a physician's report, if available.
  • For most accidental injuries and occupational diseases not ending in death, employees have 2 years to file a claim.
  • For an accident ending in death, the employee's family has 18 months to file. For an occupational disease, the injured employee or employee's family has two years.

How We Can Help

If you are considering filing a workers' compensation claim and feel unsure about handling it alone, consider consulting with an experienced Maryland legal team. Our attorneys possess a thorough understanding of and experience with the legal system, specifically Maryland workers comp law.

Request a case consultation by using our contact form or calling (410) 401-1799.