If you or someone you know has been injured on the job in the state of Maryland, you should strongly consider hiring a Maryland Workers’ Compensation Lawyer. Why? Nearly 74% of injured workers go unrepresented, meaning they put themselves at risk of being taken advantage of by insurers or not getting the benefits they deserve.
Employers are required to carry workers’ compensation insurance, but the benefits are at the discretion of the insurer and the Maryland Workers’ Compensation Commission.
Jason Shultz, the founder of Shultz Legal, has been fighting for injured workers since 1999 when he worked as a union organizer for the AFL-CIO and the Service Employees International Union (SEIU). He has been named a “Top Rated Workers’ Compensation Attorney” and “Rising Star” by Super Lawyers annually since 2014 and was selected as a “Super Lawyer” in 2020. Our other attorney on staff, Sara El-Shall, has been selected by Super Lawyers as a Rising Star since 2019.
Shultz legal proudly represents Marylanders of all professions that are working through the Workers’ Comp process. This includes union members and our Police Officers, who face added risk and are afforded special protections under Maryland Workers’ Compensation Law –– making it even more important to work with a qualified workers’ comp lawyer.
What Injuries are Covered by Workers’ Compensation Insurance?
According to the Maryland Workers’ Compensation Commission, not all injuries are covered under the law.
‘In Maryland, in order for an injury to be covered, the harm suffered by the employee must have been caused by an “accidental personal injury arising out of and in the course of employment.”‘
The accident or injury happening at work may not be enough to award you benefits. There are occupational diseases caused by exposure to chemicals or other substances that are eligible for workers’ comp benefits.
Maryland Workers’ Compensation Laws
The Maryland Workers’ Compensation Commission regulates the processes and laws surrounding workers’ comp claims within Maryland.
- What is a payable injury
- Reviewing accidents that caused an injury during employment
- Reviewing accidents caused by someone else’s negligence during employment
- Assessing whether a disease that resulted from a workplace injury is eligible for workers’ comp benefits
How to file for workers’ compensation in Maryland
If you are injured on the job, you should inform your employer within ten days after the accident. If they have an accident report, that should be filled out to document the incident. And in the case of occupational illnesses, meaning a disease or medical complication resulting from exposure at a job, you have up to a year in Maryland to report the condition.
Once you notify your employer, they should begin filing a claim with your insurance company. In the meantime, if your condition needs immediate treatment, you should consult a physician and begin treatment on the injury.
From there, you need to file a claim with the Maryland Workers’ Compensation Commission within 60 days of your accident, and the insurer has 21 days to make a decision on your claim.
Why Your Claim Might Be Denied
There are situations where your claim may be denied. Some reasons for denial include an incomplete application, the type of injury sustained, details of the incident, and other items.
Working with an experienced workers’ comp attorney can improve your chances of avoiding a claim denial.
How to Appeal a Workers’ Compensation Denial in Maryland
The appeals process is not an easy one, making working with an attorney all the more beneficial. To file an appeal, you’ll need to submit an issues form to the MWCC. The commissioner will determine what you are entitled to, and you will then have 15 days from that decision to file a rehearing, which are often difficult to obtain.
If you are not granted a rehearing and wish to continue pursuing benefits, you do have the right to escalate your case to the Maryland Circuit Court and potentially the Court of Special Appeals.
What Benefits are Available to Injured Workers?
There are several different types of benefits available to injured workers. These include:
- Temporary Partial Disability Benefits
- Permanent Total Disability Benefits
- Permanent Partial Disability Benefits
- Medical/Hospitalization Benefits
- Wage Reimbursement Benefits
- Vocational Rehabilitation Benefits
For the full details on the types of benefits available, view the MWCC’s overview.