Understanding the Statute of Limitations for Maryland Workers’ Compensation ClaimsAugust 25, 2023
You do not have an unlimited ability to file a Workers’ Compensation claim in Maryland. There are time limits placed on how long you have to file your claim. Maryland has a shorter timeframe for filing a Workers’ Compensation claim than many other states. You have 60 days from your workplace accident in Maryland to file your claim with the Maryland Workers Compensation Commission. If a loved one died in a work-related injury, your family would have 18 months from the date of death to file a claim.
Exceptions to the 60-Day Time Limit
A limited exception allows you up to two years to file a claim for injuries from exposure to certain toxic substances. When you are suffering from an occupational disease, knowing the exact date you began to suffer the injury may be more challenging. Thus, the law affords more flexibility. The deadline is extended to three years for cases of pulmonary dust disease.
A Late Claim Does Not Always Mean No Benefits
Unlike standard personal injury cases, there is some leeway if you miss the statute of limitations. In a personal injury case, “late is late,” and missing a deadline by a day means the end of your case. In a Workers’ Compensation claim, you could still have your claim accepted past the deadline if the delay did not prejudice your employer. Prejudiced means that the delay compromised your employer or the insurance company’s ability to defend against the claim. Regardless, your Workers’ Compensation claim must be filed within two years under any circumstances.
Still, you should never rely on an exception applying because you cannot control whether your claim can still be accepted. Further, you have every motivation to file your claim as soon as possible because you need the money.
There Is a Short Timeframe to Give Your Employer Notice of the Injury
You need to meet another strict deadline to file a Workers’ Compensation claim. In Maryland, you have 10 days from the date you were injured to notify your employer of the injury. This deadline is hard and fast, and you cannot miss it. While verbal notice is sufficient, you should write it in writing in case you need to prove it. You can only get leeway if you can show that there was a reason why you could not give notice or that the delay did not prejudice your employer.
You Need to Act Quickly After Your Injury
The deadlines mean you must act shortly after being injured at work. It would be best if you got medical care shortly after your injury, so you can be in a position to file your claim. Thus, it would help if you were organized quickly, which can be difficult when dealing with the physical consequences of an injury.
When you hire a Workers’ Compensation lawyer, they can help you with the claims process. Your lawyer would keep you ahead of deadlines and handle the details you may be unable to in light of your condition.
A Baltimore Workers’ Compensation Attorney at LeViness, Tolzman & Hamilton Can Help
When injured, a Baltimore Workers’ Compensation attorney at LeViness, Tolzman & Hamilton can work with you on your claim. We can assist you by giving you answers at a free initial consultation. Call 800-547-4LAW (4529) or contact us online today.
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.