Maryland Workers Compensation Claims: Eligibility, Filing and Appeals

Workers compensation insurance protects workers who sustain a work related injury or illness. In Maryland, all employers with one or more employees, whether full or part time, are required to have workers compensation insurance. The Maryland Workers' Compensation Commission processes and adjudicates all workers compensation claims made in the state. There were 24,924 compensation claims filed in Maryland in 2007. The highest numbers of claims were in the law enforcement and security industry, at 8.6% of total claims.

Common Covered Work Related Injuries

Not all injuries are covered under Maryland law, and whether or not an injury is covered usually depends on the specific injury and how it was obtained. Generally, Maryland law states that an injury must be an "accidental personal injury arising out of and in the course of employment" in order for it to be covered. Workplace accidents are generally covered, as are certain occupational diseases. Examples of occupational diseases are asbestosis, caused by exposure to asbestos, or other skin, eye, or lung diseases that are caused by exposure to chemicals used on the job.

Maryland Workers Compensation Claims

An employee who has been injured on the job should report the injury to their employer immediately in order to guard against any delays in a claim. The employer will then fill out and file an injury report. In order for an employee to file a claim with the Maryland Workers' Compensation Commission, an Employee Claim Form C-1 must be properly filled out and mailed to the commission. A claim form may be provided by an employer, or may be obtained from the Workers' Compensation Commission. It usually takes 2 to 3 days to process a claim.

Workers Compensation Claim Denials

If an employer or insurance carrier objects to a claim, they must state their objections in writing and submit it to the Workers' Compensation Commission. The employee will also usually be contacted personally. In the event of a contested or denied claim, a hearing will be scheduled before a Commissioner. Claims are denied if the injury or illness is determined to not be the result of a workplace incident. Claims may also be denied due to insufficient evidence of injury or even due to incomplete paperwork.

Appealing a Maryland Workers Compensation Denial

If a worker recieves no benefits or insufficient benefits, he or she may request a hearing with the Maryland Workers' Compensation Commission. A commissioner will listen to arguments from both sides and make a determination based on Maryland Law and the specific facts of the case. An appeal may then be filed with the Circuit Court if either party disagrees with the Commission's decision. Lawyers are not required for Circuit Court appeals, but are strongly recommended.

Collecting Maryland Workers Compensation Payments

Workers' Compensation benefits are paid either by an employer or the employer's insurance carrier. These payments may be made on a set schedule, unless a settlement for a lump sum has been reached. In this case, an employee will receive one lump payment. The amount of benefits depends on the type of injury and the employee's average salary before he or she was injured. In addition to medical expenses, employees may also be entitled to disability benefits. Temporary Partial Disability Benefits give workers compensation equal to about two thirds of their average weekly pay, as long as the amount does not exceed Maryland's average weekly wage. The minimum weekly compensation for Permanent Partial Disability is $50. Other types of benefits include Permanent Total and Temporary Total.

Hiring a Maryland Workers Compensation Lawyer

Lawyers are often hired due to the confusing nature of Maryland Workers' Compensation Law. Lawyers may assist workers in filling out the required paperwork or appealing claims. Lawyers may also represent employees in hearings in order to ensure that they receive the benefits they are entitled to. Consulting a lawyer is recommended at any time during the claims process in order to ensure a positive outcome.

Maryland Workers Compensation Office Locations

Maryland Workers' Compensation Commission
10 East Baltimore Street
Baltimore, MD 21202-1641
(410) 864-5100 / 1-800-492- 0479

Baltimore City Regional Office
10 East Baltimore Street, 4th Floor
Baltimore, MD 21202

Central Regional Office
4780 Corridor Place, Suite D
Beltsville, Maryland 20705

North East Regional Office
3465 Box Hill Corporate Center Drive, Suite E
Abingdon, MD 21009

North West Regional Office
1890 N Market Street, Suite 200
Frederick, MD 21701

Eastern Regional Office
828 Airpax Rd, Building B, Suite 400
Cambridge, MD 21613

Southern Regional Office
Old Towne Center, 403 East Charles St.
La Plata, MD 20646

Western Maryland Office
Comfort Inn & Suites, 1216 National Highway
Cumberland MD 21502