(Please note: Again, MDCompLaw is not legal advice. These deadlines are subject to change. A workers’ compensation lawyer is needed to know all deadlines and see how they apply to your case. Waiting too long can cause you to lose the ability to get compensated for your claim.)
Important Deadlines that Worker’s Comp Claimants Need to Know
Notice of injury:
- Notice of injury must be given to employer within 10 days of the accident. It must state the time, place, name, and cause of injury. Failure to give notice will not bar the claim if there was a sufficient reason or if the employer would not be prejudiced. (Talk to a comp lawyer.)
- Notice of injury causing death must be given to employer within 30 days of employee’s death.
- Notice of occupational disease must be given to employer within 1 year after employee knows or has reason to know that they have an occupational disease or that dependant’s know that death was caused by an occupational disease.
Time to file a claim:
- 60 Days to file, but unless there is “extreme prejudice” to the employer/insurer, it can be filed up to two years later.
- A claim is initiated by filing appropriate claim form. The Maryland Workers’ Comp forms page will help.
- Accidental injury: The injured worker should file a claim application form with the Worker’s Compensation Commission within 60 days of the injury. However, the injured worker must file a claim within 2 years of the injury. The time for filing a claim for accidental injury will not start until the employer files a report with the Commission. The time may also be extended in situations of fraud and estoppel.
- Death: The dependents who are filing a claim for death caused by accidental injury have to file a claim application form with the Worker’s Compensation Commission within 18 months of the date of death.
- Occupational disease: The disabled worker must file a claim application form with the Worker’s Compensation Commission within 2 years of the time the claimant became aware or should have become aware of the causal relationship between the illness and employment.
After the claim is filed:
- Once the claim is filed the Worker’s Compensation Commission will pass or deny an award to the injured or disabled worker within 30 days of the notice of the filing of the claim unless the employer wishes to contest the claim or either party requests a hearing.
- If an award is passed, the employer must then initiate payment immediately. If the employer does not pay within 15 days after the later of the date award is issued or date payment is due the Commission can fine the employer for 20% of amount of payment, and for 40% of the amount of payment if the employer does not pay within 30 days.
- If either party requests a hearing, a decision will be made when the hearing is concluded.
- If the Commission so orders, the claimant must attend a medical examination or else the Commission can suspend their right to compensation.
- Either party may appeal the Commission’s decision within 30 days after the date of the mailing of the Commission’s order.