In Baltimore, workers compensation is something you should be aware of. One of the most important things you need to do after suffering an injury at work is to notify your employer. You’ll need to make it clear how the injury occurred and show how it is linked to your work. It’s best to give notice in writing. Sometimes, workers assume that their employer heard about the accident even if they didn’t notify them directly.
However, no matter how obvious your injury may seem, you need to give proper notice to a supervisor. If you assume that your employer knew and you fail to make a report, you may not get the compensation to which you would otherwise be entitled. If you contact a Baltimore workers compensation attorney about your case, one of the first things they will want to know is whether proper notice was given.
Timelines for Giving Notice in Maryland
The time you have depends heavily on the type of injury you sustain. If you suffered an accidental injury, you must give oral or written notice to your employer within ten days. If you develop a hernia, you have 30 days following the accident that caused the injury to give notice. If you fail to notify your employer, you will be barred from recovering compensation.
In a case where you were diagnosed with an occupational illness, the requirements are different. You must give written notice within a year of finding out that your condition was linked to your employment. The year can also start running from the date you should have known that your illness was job-related.
Meanwhile, if you die as a result of an accidental injury, your family must inform your employer within 30 days. If your death is due to a disease, your family has one year from your death to notify the employer.
The Maryland Workers’ Compensation Commission can make exceptions in certain cases. However, you shouldn’t assume they’ll accept your claim if you don’t do the right thing. To ensure that you take all the right steps, you should consult a Baltimore workers compensation lawyer.
When notifying your employer in writing, you need to include certain basic details. These include your name and address and the time, place, cause, and nature of the injury. You must make sure you sign the letter.
Steps Your Employer Should Take After You Give Notice
Employers also have responsibilities when it comes to Baltimore workers compensation claims. If an employee misses more than three days of work because of an accidental injury that results in disability, the employer must file an accident report with the Commission within ten days of learning of the accident. Meanwhile, if the employer receives notice or learns in any way that an employee is disabled because of an occupational disease, they must make a prompt report.
What Happens Next in a Workers Compensation Claim
You will need to file Employee Claim Form C-1 with the Commission along with a physician’s report if it’s available. This can be done online or via a printed form. For most accidental injuries, you have 90 days to submit your claim. In the unfortunate event of your death, your family will have 18 months. For most occupational diseases, both you and your family will have two years to file a claim. However, if you have pulmonary dust disease, you or your survivors will have three years.
After you file your claim, the Commission will notify your employer and their insurer. A form will be sent to all the parties involved and it will include the date by which the employer and the insurer must respond to the claim. This date will be 21 days from the date on which you filed the claim. This period is allocated to investigation. If you notified your employer in a reasonable time, they would have already started looking into your claim.
Employers and insurers have the option of either accepting the claim or contesting it. If the claim is contested, a hearing will be scheduled. During the hearing, the employer or insurance company will state while they’re contesting the claim and the injured worker has the opportunity to testify and present their medical records. After the Commissioner hears from both sides, they will review the evidence and make a decision. If the worker loses the case, they can appeal the decision. The services of a Baltimore workers compensation attorney can prove invaluable.
Contact the Team at Pinder Plotkin LLC Today
If you have suffered serious injuries that prevent you from working, you need to ensure you get all the benefits to which you’re entitled. After you notify your employer about your injury, contact the Maryland personal injury lawyers at Pinder Plotkin LLC for further guidance.