Maryland Workers Compensation Questions and Answers

Our lawyers get this question frequently. Comp victims fear being fired for bringing a workers' comp claim or remaining out of work.

Maryland Labor & Employment. Code Ann. § 9-1105(a) prohibits an employer from discharging an employee in retaliation for the employee filing a workers' compensation claim. It is not an ambiguous statute. You employer cannot fire you for bringing a comp claim. Period.

If any employee is fired for bringing a workers' comp claim, Maryland recognizes a cause of action for wrongful termination. Two Maryland cases underscore the right to bring a lawsuit if you are fired for bringing a comp claim: Ewing v. Koppers Co., 312 Md. 45 (1988); Kern v. South Baltimore General Hospital, 66 Md. App. 441 (1986).

After a settlement is reached, the workers' compensation insurer has 15 days to send a check. Does it sometimes take a little bit long to get a workers' comp check? It does. If it is more than a few days, you have a legitimate complaint.

Under Maryland law, Maryland Labor & Employment. Code Ann. § 9-704 (2021), a covered employee must give notice for an injury within 10 days and within 30 days for a death. But under § 9-704 of that same statutory scheme, failure to provide notice may be excused if (1) there was a sufficient reason for the failure to comply; or (2) the employer or its insurer has not been prejudiced by the failure to comply.

The Maryland Workers' Compensation Act generally applies to paid employees. Volunteers are not eligible to receive comp benefits under workers' comp unless the statute specifically allows for it. The Maryland Legislature has created exceptions into the statute, most notably for volunteer police officers (§ 9-220), firefighters (§ 9-234), and students (§ 9-228).

Generally, the benefits are two-thirds of your average weekly wage. Of course, there are potentially other benefits as well.

In 2021, the rate for TTD in Maryland may not exceed $1,050 (annual maximum is $70,726).

Taxes and payroll deductions are not taken out of your workers' comp payments in Maryland. This is why you get two-thirds of your average weekly check.

Workers' compensation in Maryland comes from 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 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.

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.

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 of 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 limitation 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 the statute of limitations, justice goes out the window. These deadlines can be very harsh.

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

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 2018, the cap is $1,094. Other categories of injury have different rates. You can find them all here.

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

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.

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