Filing a Workers’ Compensation Claim in Maryland:

Before you can receive workers' compensation benefits you must report the incident of injury to your employer. Failure to do this in a timely manner may result in a denial. Remember to note when and to whom you reported the incident of injury.

In order to receive workers' compensation benefits, your doctor must find that, as a result of your accidental injury or occupational disease, you are unable to work. Therefore, it is important to see your doctor as soon after the incident as possible. You may see any physician you choose - the law does not require you to see or be treated by a doctor selected by your employer. The doctor you choose will prescribe a treatment program and will release you to work when your condition has improved. It is very important that you strictly follow your doctor's treatment recommendations.

The workers' compensation laws require your employer's insurance company to reimburse you for any expenses you incur while receiving treatment.

The law allows a limited time to file a claim. This time period is known as the Statute of Limitations. While the Statute of Limitations for filing a claim in most cases is two years from the date of the injury, you should file your claim as soon as possible. If the Statute of Limitations period ends before you file your claim, it will be very difficult, if not impossible, to secure workers' compensation benefits. By filing a claim, you are placing the burden on your employer and insurer to either pay you benefits or contest the claim.

Maryland Worker’s Compensation Treatment:
An injured worker is entitled to receive payment of all reasonable and necessary medical expenses. They can choose their own doctor and receive all of the treatment that they need, which often includes consultation with a specialist.

Maryland Worker’s Compensation Benefits:
Temporary Disability Benefits - These are benefits which you receive during the period when you are in the process of healing and totally or partially unable to perform your work duties. The amount of the benefits for total disability will equal two-thirds of your average weekly wage, up to a maximum amount established by law. For partial disability, the benefit is one-half of the difference between your average weekly wage and amount of your earnings after the injury, up to a maximum amount.

Permanent Disability Benefits - If your accidental injury causes a permanent impairment, you are entitled to compensation for a permanent partial or a permanent total disability. For a permanent partial disability, the benefits are based on a percentage of disability to the part of your body which is affected, and are paid on a weekly basis at a rate established by law. For a permanent total disability, you are paid two-thirds of your average weekly wage up to a maximum amount, plus a cost of leaving adjustment, indefinitely.

Medical Treatment - The employer and insurer are responsible to pay any and all medical expenses which you incur for the treatment of the injury you suffer on the job

Vocational Rehabilitation - If your injury is so severe that you cannot go back to your old job, the employer and insurer are responsible for providing you with vocational rehabilitation services. A vocational counselor will be assigned to assist you in returning to the work force. Vocational rehabilitation efforts should take into consideration your age, education, work experience and the nature of the injury you sustained, and should be designed to ensure that you receive the maximum possible salary when you return to the workplace.

Maryland Worker’s Compensation Waiting Period:
The Waiting period for compensation benefits after the injury is 3 days.

Compensation is retroactive if disability continues for more than 14 days.

Maryland Worker’s Compensation Contact Information:

R. Karl Aumann, Chairman
Workers’ Compensation Commission
10 East Baltimore Street
Baltimore, MD 21202-1641
 (410) 864-5100  (410) 864-5100 or  1-800-492-0479  1-800-492-0479

NOTICE: These questions and answers concern Maryland law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.