Maryland Workers’ Compensation: A Guide to Benefits and ClaimsJune 28, 2023
Workers’ Compensation provides you with valuable benefits that you need when you have suffered a workplace injury or illness. This no-fault program is intended to replace part of your lost wages and cover your medical expenses. Before you can receive benefits, you would need to go through a claims process. There are times when you may need to appeal if your benefits have been denied.
The Workers’ Compensation process begins immediately after you have been injured or learn of your injury. One of the first steps that you should take is to notify your employer of your injury. In Maryland, you only have 10 days from the date of your injury to report it to your employer. Missing this deadline can cost you your benefits entirely. You are better off reporting this in writing so you have evidence that you have met the deadline.
You have two years to file a claim with the Maryland Workers’ Compensation Commission (MWCC). In the meantime, you would be examined by a physician who would diagnose and document your injury. The MWCC would provide the insurance company with a Notice of Claim.
The insurance company has three weeks to respond to your claim. They could ask for additional time to reach a decision. When they respond, they will either grant or deny your claim. If your claim shows that you have suffered a work-related injury, your benefits should be granted.
If the insurance company denies your claim, you would need to appeal. An Administrative Law Judge (ALJ) would review the evidence that your attorney has presented in reaching their own decision about your claim. If you do not win at this phase, you can appeal even further.
Workers’ Compensation Benefits That You Can Receive
If your benefits are granted, you may receive the following:
- Two-thirds of your lost wages that you were earning before your injury, up to a statutory limit.
- The reasonable expenses necessary to treat your condition.
- Vocational training, in case you need to switch careers because of your injury.
If a loved one died from a work injury, the family may be entitled to death benefits.
A Workers’ Compensation Settlement May Be an Option for You
You have the option of settling your Workers’ Compensation claim at any point in the process. A settlement would mean that you receive a one-time lump-sum payment that gives you lost wages and the medical costs to treat your injury.
Usually, it is not a good idea to settle your case before you reach the point of maximum medical improvement (MMI). At that point, you would know the full extent of your injuries and how much compensation you deserve. Your lawyer could help you negotiate the settlement so you can get your benefits at once instead of getting them in weekly payments. Your lawyer can help you determine the pros and cons of a Workers’ Compensation settlement, and they can represent you in negotiations with the insurance company.
Contact Our Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton to Learn More About Your Possible Benefits
If you need legal help after suffering an injury on the job, contact our Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. Call us at 800-547-4LAW (4529) or fill out our online form to schedule a free consultation.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.