How Long Do I Have To File A Workers’ Comp Claim With Maryland’s Workers’ Compensation Commission?

How Long Do I Have To File A Workers’ Comp Claim With Maryland’s Workers’ Compensation Commission?

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Being injured at work can turn your entire world upside down. You may need surgery, extensive physical therapy, and other treatments before you are ready to return to work. For some workers, injuries may cause permanent impairments that prevent them from returning to work or from working full time in the same industry or job.

You have the right to file a workers’ compensation claim with the Maryland Workers’ Compensation Commission (WCC) when you are injured at work. However, you do not have an unlimited time to report the injury or file your claim.

We urge you to contact our office by calling 410-661-9440 for a free consultation with a Maryland workers’ compensation attorney. We can help you file your workers’ comp claim, ensure you receive the benefits you are entitled to receive by law, protect your legal rights, and appeal denials of claims. Our Pinder Plotkin Legal Team assists you through each step you need to take after being injured at work.

Accidental Injuries at Work

If you are injured in an accident at work, you have 10 days from the date of the accident to notify your employer of your injury. Failing to notify your employer of your injury MAY bar you from filing a workers’ compensation claim with the WCC. It is in your best interest to notify your employer immediately of the injury.

Occupational Disease Claims for Work-Related Conditions

The deadlines for filing claims for an occupational disease (OD) caused by your job are different from the accidental injury deadlines. An OD must cause a disablement that results in lost time from work or a change in your job duties because of the condition. You must also be able to prove that your job caused the OD to receive workers’ comp benefits.

Because an OD develops over time, the notice requirements are a bit different from an accidental injury. You must provide notice to the employer and insurer within one year after you knew or should have reasonably known you were suffering from an occupational disease. Failing to provide notice within one-year bars your right to file a claim for compensation.

Death Claims Arising from a Work-Related Death

A claim for a work-related death must be reported to the employer within 30 days of the date of death. If the death occurred because of an occupational disease (OD), the notice to the employer must be provided within one year after a death resulting from an OD.

Are You Confused Yet?

The filing deadlines for a Maryland workers’ comp claim can be confusing when you do not deal with the WCC on a regular basis, and you are not familiar with Maryland’s Workers’ Compensation Code. In addition to the deadlines for providing notice to your employer and the insurer, there are many other deadlines involved in a workers’ compensation case. Because you could lose your right to file a workers’ compensation claim if you fail to meet the required deadlines, we urge you to contact Pinder Plotkin LLC for help.

Our Maryland workers’ compensation attorneys have extensive knowledge of the laws governing work-related injury claims, including the various deadlines involved in filing a claim. Instead of trying to worry about missing a deadline, allow the Pinder Plotkin Legal Team to take care of deadlines, paperwork, and other requirements for your workers’ comp claim. You should be focused on recovering from your injury so that you can get back to a normal routine and back to work.

Call 410-661-9440 now to schedule a free consultation with one of our Maryland workers’ comp attorneys.

Notice of the Accident or Injury is Different from Filing a Claim with the Maryland Workers’ Compensation Commission

The above deadlines relate to filing notice of your claim with your employer and/or the workers’ compensation insurer. You may begin receiving benefits from the insurer after filing your notice, including payment of medical treatments and temporary wage assistance. However, filing your notice is like filing an insurance claim. It is different from filing a claim with the Maryland Workers’ Compensation Commission (WCC).

To protect your rights if your employer or its insurance provider does not pay you the benefits you are entitled to receive, your claim must be filed with the Maryland WCC. If your claim has been filed with the Maryland WCC, you should receive notices from the WCC that have a claim number assigned to your case. If you have not received anything from the WCC, contact our office immediately, because your claim may not have been filed with the WCC even though you are receiving benefits from your employer’s insurance provider.

By law, you have two years from the date of an accident to file a claim with the WCC. If your injury is an occupational disease, you also have two years from the date of disablement or the date you knew about the OD to file a claim with the WCC. Death benefits claims have different deadlines. The WCC must receive the claim within 18 months after the date of death for accidental injuries and two years from the date of death of ODs.

If you fail to file your claim with the Maryland WCC  before the deadline, you are barred from filing a workers’ compensation claim with the WCC. Therefore, it is very important to ensure your claim has been filed with the WCC and not just your employer’s insurance provider. Your right to recover additional benefits may be denied if you do not file your WCC claim.

Call Our Maryland Workers’ Compensation Lawyer for More Information

Our Maryland workers’ comp attorneys can help ensure your claim is filed with all appropriate parties before the deadlines set by law. We want to help you get the workers’ comp benefits you deserve.

Contact Pinder Plotkin LLC by calling 410-661-9440 for a free consultation with one of our attorneys.

 

 

The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.

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