Maryland Workers Compensation Lawyer

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Limitations in a Maryland Workers Compensation Claim

When you are first injured, if able, it is important that you report the injury to your immediate supervisor. The employer under Maryland Workers' Compensation law is then required to file an Employer's First Report of injury with the Workers' Compensation Commission. It is important for you to gather your 13 most recent pay stubs. These will eventually be used to verify the average weekly wage you are entitled to receive from your employer.

There are several different periods of limitations in a workers compensation claim. That is partly what makes this such a demanding area of the law for an attorney to practice. For example, in an accidental injury you have only 60 days from the date of injury to file your workers compensation claim. This period is extended to 2 years from the date of accident so long as your delay has not prejudiced the employer from proving you are not entitled to the benefits. You will find the period of limitations in the Labor and Employment Article of the Maryland Statute at section 9-709. 

(a)  Except as provided in subsection (c) of this section, if a covered employee suffers an accidental personal injury, the covered employee, within 60 days after the date of the accidental personal injury, shall file with the Commission: (1) a claim application form; and  (2) if the covered employee was attended by a physician chosen by the covered employee, the report of the physician.  (b) (1)  Unless excused by the Commission under paragraph (2) of this subsection, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title. (2) The Commission may excuse a failure to file a claim in accordance with subsection (a) of this section if the Commission finds:  (i) that the employer or its insurer has not been prejudiced by the failure to file the claim; or  (ii) another sufficient reason.  (3)  Notwithstanding paragraphs (1) and (2) of this subsection, if a covered employee fails to file a claim within 2 years after the date of the accidental personal injury, the claim is completely barred.  (c)      If a covered employee is disabled due to an accidental personal injury from ionizing radiation, the covered employee shall file a claim with the Commission within 2 years after:  (1)      the date of disablement; or  (2) the date when the covered employee first knew that the disablement was due to ionizing radiation.  (d) (1) If it is established that a failure to file a claim in accordance with this section was caused by fraud or by facts and circumstances amounting to an estoppel, the covered employee shall file a claim with the Commission within 1 year after:  (i) the date of the discovery of the fraud; or  (ii) the date when the facts and circumstances that amount to estoppel ceased to operate.  (2) Failure to file a claim in accordance with paragraph (1) of this subsection bars a claim under this title.

 

 

 

Office Locations

Anne Arundel County: 7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061 (410) 760-7339

Baltimore City Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410) 685-7339

Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136 (410) 363-7339

Howard County 5044Dorsey Hall Ste 205, Ellicott City, Maryland 21042 (410) 740-7339

Prince George County: 6301 Ivy Lane Suite 700, Greenbelt, Maryland 20770 (301) 474-7339

Montgomery County: 6701 Democracy Blvd. Suite 300 Bethesda, Maryland 20817  

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This site was last updated 05/28/09