Maryland Workers Compensation Questions and Answers

What is workers' compensation?

Workers' compensation in Maryland is pursuant to a state statute that allows for benefits if you are either injured on the job or develop an illness that can be related to your job. This entitles you to money for your medical treatment and some or all of your lost earnings. Our system is a no fault system. So if your mistake caused your own injuries, you can still recover the same as any other injured worker.

All of that is good. The problem with these claims, however, is that you never get fair compensation for your injuries. You may get benefits and medical expenses. But you are not getting justice. Why? Because there are real limits on how much you can recover.

Who is covered?

The law is pretty generous in defining covered employees. If you are on the regular payroll of your company, you should be covered. Temporary employees and illegal aliens may also be covered.

What is the statute of limitations to seek benefits?

Many get burned assuming that the statute of limitations is three years just like a regular tort lawsuit. Here are some statute of limitations and other deadlines for comp cases in Maryland:

  • Ten days from the date of the injury to notify the employer on the injury (there are some ways around this deadline but it is not a fight you want to be having)

  • Accidental injury claims must be filed with the Commission within 60 days after the date of the accident. There are some excuses to get around this deadline. But there is also a two year limitations that has remarkably few exceptions.

  • Occupational disease claims must provide notice within one year and bring a claim within two years. Again, there are some excuses to get around this deadline but few to get around the two year limit.

  • Death claims have a 30 day notice requirement (one year for occupational diseases). Claims must be filed in two years.

To summarize, there are a lot of deadlines. The laws change. The rules change. There are more exceptions that we have not fully explored here. Make sure you are talking to a lawyer about these deadlines so you know you have fully complied with these obligations. Because when we start talking about statute of limitations, justice goes out the window. These deadlines can be very harsh.

How is the average weekly wage calculated to determine compensation?

The average weekly wage is typically the employee's average wage over the last 13 weeks before the injury occurred.

What percentage of my average weekly wage will I get?

In temporary and total disability cases, the employee will get two-thirds of his average weekly salary not to exceed 100% of the state's average weekly wage. In 2014, the cap is $998.00. Other categories of injury have different rates. You can find them all here.

Can I get additional money if I have suffered a disfigurement?

Yes. You can get additional compensation if you have a disfigurements or other permanent injury. But the compensation is very low. The maximum award is 156 weeks.

Can I see the doctor I want or do I have to go to the insurance companies' doctors?

Maryland is, thankfully, a free choice state. Generally speaking, you can see the doctor of your choice for your injuries. But you may have to be evaluated by the insurance company's doctor at some point so they can better evaluate your claim.

What to Do If You Need a Maryland Attorney for Your Claim

If you have suffered an injury on the job or have lost a loved one from an on-the-job injury, call us today at 800-553-8082. You can also get a free no obligation consultation

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