Workers’ compensation in Maryland is no-fault insurance that covers work-related injuries and illnesses suffered by employees in the course and scope of their work. If your Maryland employer carries workers’ comp insurance and you’re eligible to receive benefits, workers’ comp should cover:
- Approximately two-thirds of your lost wages
- All your medical bills:
- ER visits/hospitalization
- Doctor’s appointments/treatments/prescriptions
- Physical therapy
- Assistive equipment/home modifications
- Disability benefits
- Vocational re-training (in some cases)
- Death benefits (if you’ve lost a loved one to a work-related injury/illness)
Because workers’ compensation in Maryland is no-fault insurance, you don’t have to prove negligence by your employer to file a claim, and your boss may not retaliate against you in any way for filing.
Who Must Carry Workers’ Comp Insurance
If the business/company you work for has at least one full-time or part-time employee, it is required by Maryland law to carry workers’ comp insurance unless it’s an agricultural business with:
- Fewer than three employees
- An annual payroll of less than $15,000
An employer or officers of a corporation not carrying the required workers’ comp coverage may be fined as much as $10,000. According to our Maryland workers' compensation attorney, deducting any part of workers’ comp insurance costs from employees wages is a misdemeanor.
Eligibility for Benefits
To be eligible for benefits, you must be an employee of your company, not an independent contractor, sole proprietor, or business partner. For workers’ compensation in Maryland purposes, you’re an employee if your employer:
- Pays you a wage/salary by the hour, week, or month
- Sets your hours of work
- Sets lunch and break times
- Provides you the tools/equipment/materials necessary to your job
- Directs/supervises/oversees your work
- Provides benefits
- Pays/reimburses you for work-related travel expenses
In some cases, an employer might try to classify an employee as a contractor in order to deny workers’ comp coverage of an injury/illness. If this happens to you, you should contact our Maryland workers’ compensation attorney immediately.
What is Covered by Workers' Compensation in Maryland?
The Maryland Workers’ Compensation Commission (MWCC) lays out clear guidelines for workers’ comp coverage:
- Accidental injuries/occupational illnesses that arise out of and are sustained in the course of employment
- An accidental injury occurs unintentionally/unexpectedly and by chance/without design
- An occupational illness is one that results from job duties/workplace conditions that cannot be avoided
Your employer/insurance company might deny your claim if your accident/illness is:
- Not work-related
- Sustained when you’re impaired by alcohol/drugs
- Intentionally self-inflicted
- Sustained in the process of committing a crime
- Brought on by a pre-existing medical condition
A denied claim can be appealed, generally with the help of a workers’ compensation attorney, at three different levels:
- MWCC hearing
- Maryland Circuit Court
- Maryland Appellate Court
How to Report and File
If your employer carries workers’ compensation in Maryland and you’re eligible to receive benefits, know these important steps to take if you’re injured:
- If the injury is accidental, report your injury to your employer or the workers’ comp administrator at your workplace right away. Do so in writing and provide proof (photos or a doctor’s report). You actually have 10 days to report your injury, but you should not wait.
- If you’re diagnosed with an occupational illness, you have one year to report it, but you should not wait. Any delay on your part gives the insurance company an opportunity to claim you’re not as sick as you say you are.
- Be sure your employer files an Employer’s First Report of Injury form on the MWCC website.
- Seek medical treatment and follow your doctor’s advice and treatment guidelines to the letter. Take medication exactly as prescribed.
- Although you have 60 days to file a claim with the MWCC, you should do so right away. Fill out and submit Employee Claim Form C-1 on the MWCC website. (Neither an email attachment nor a FAX is acceptable.) Complete the C-1 online or request that a hard copy be mailed to you. Complete and submit the original form (not a photocopy).
You should receive a decision on your claim in about three weeks. If it’s denied or you’re offered insufficient benefits, consult a workers’ compensation attorney immediately.
Have You Suffered a Work-Related Injury or Illness? Contact Our Workers' Compensation Attorney Today!
An experienced workers’ compensation attorney can tell you if you’re eligible for workers’ compensation in Maryland and help you get fair benefits Please contact us online, start a chat, or call us to schedule a free consultation. You pay no attorney fees unless we win your case.