Filing a Workers’ Compensation Claim in Maryland
Skilled Maryland attorneys helping injured workers move forward
The workers’ compensation system is managed by the state of Maryland and it provides benefits for workers who suffer accidental personal injuries that “arise out of and in the course of employment,” and for occupational diseases which are caused by the nature of the circumstances of the worker’s job tasks.
When you have been injured in a workplace accident, you may have questions about how to file your claim and what kinds of benefits are available to you. A Maryland workers’ compensation attorney from Plaxen & Adler, P.A. can help you file a claim, answer your questions and guide you through the process of filing your claim and calculating what benefits you should be receiving.
Steps for filing a workers’ compensation claim for a workplace injury
Step 1: Get immediate medical attention for your injury if it is serious enough. Inform your employer about the accident and your injury as soon as possible and within ten days of the accident. If the injury results in death, the decedent’s heirs have 30 days to give notice.
Step 2: The next step is to file a workers’ compensation claim, which you should do just as soon as possible after the injury has occurred. You may visit the Maryland Workers’ Compensation Commission website and follow the instructions carefully, or you can work with an experienced, Maryland workers’ compensation lawyer who will guide you through the application process and make sure that your documents are filled out and filed properly. You can watch an instructional video on the Workers’ Compensation Commission’s website that will walk you through the process of filling out the form online, submitting the form electronically, printing the form, signing the form and mailing it to the Commission within 30 days. After you receive the Notice of Claim in the mail, you can check the status of your claim using the Public Claim Data Inquiry. If you do not want to deal with filling out the form online, you can send an email request to the Commission (email@example.com) and they will send you the paper forms in the mail.
Do not complete the forms by hand, and do not alter the form or make any corrections or changes or they will be returned to you un-submitted. Send only original, signed forms to:
Maryland Workers’ Compensation Commission
10 East Baltimore Street
Baltimore, Maryland 21202
Time limits for filing your claim
For an accidental workplace injury, you should file the claim within up to 60 days from the date of injury, and no matter what the claim must be filed within two years of the date of injury. In the case of an occupational disease, you have up to two years from the date you discovered the disease, or should have known about the disease. You must also inform the workers’ compensation insurer within a year of discovery that you are suffering from an occupational disease. In the event of death from a workplace injury, beneficiaries have 18 months from the date of death caused by accidental injury. Death caused by an occupational disease has a two-year deadline from the date of death to file a claim for benefits.
Step 3: Hire a Maryland workers’ compensation lawyer from Plaxen & Adler, P.A. to represent your interests. If your injury requires surgery, hospitalization, the loss of use of a limb or any kind of permanent disability, you will benefit from the expertise that we bring to your case.
Step 4: Choose a doctor who will oversee your care related to your workplace injury.
How to calculate the award amount for your workplace injury
Your average weekly wage (AWW) is the number upon which your workers’ compensation benefits will be based, so it is vital that this number be calculated accurately. It is based on your gross pay before taxes for the 14 weeks before your injury. In Maryland, a workers’ compensation claimant receives two-thirds of their AWW, which will not exceed the state average AWW or $1027 (for the year 2016) for temporary total disability and permanent total disability. Benefit payments for partial permanent disability vary depending on the number of weeks of disability and the severity of the injury. Your workers’ compensation attorney can help make sure that this calculation is made appropriately given the facts of your case.
(For complete details on calculating benefit amounts see the MD Workers Compensation Commission website)
Schedule a no-obligation consultation with our dedicated Maryland workers’ compensation attorneys today
If you have sustained a workplace injury and you have questions about the process for filing a claim, call the Maryland workers’ compensation attorneys of Plaxen & Adler, P.A. at 410.988.4449 or use our contact form. With our offices throughout the state, you can always find a member of our team nearby to help you through the process.