Debunking the Most Common Myths About Workers’ Compensation in Maryland

Suffering an injury on the job in Maryland can change your life in an instant. You might never be able to work again, limiting your ability to provide for your family. That is why the State of Maryland offers workers’ compensation, a no-fault system designed to help injured workers.

There’s a lot that can go wrong when you try to file a workers’ compensation claim in Maryland, especially if you are a first-time filer. Some employers may attempt to discourage their employees from filing claims, threaten retaliation, or lie about whether an employee can collect. Today, we will address some of the most common myths about the system, and what you should know.

First, know how workers’ compensation works in Maryland

Almost every employer in Maryland is required to have workers’ compensation insurance, but not every injury will be covered. According to Maryland law, only illnesses and injuries that “arise out of and in the course of employment” will be covered by the insurance.

Employees injured or sickened on the job have 10 days from the date of the incident to inform their employers either in writing or verbally. If notice is given in writing, the employee must provide the date and time of the incident, a description of what happened, and it must be signed by the employee or someone on their behalf if they are physically unable to sign the notice.

Employee Claim Form C-1 must be completed by the employee and a medical report, if available, must be attached when submitting the form. The following deadlines apply:

• Employees have 60 days to file a claim for workers’ compensation.
• Employees have an absolute deadline of two years following an accidental injury to file a claim or the claim will be forever barred.
• If the employee died as a result of their injuries, family members have 18 months to file a claim.
• Family members have two years to file a claim if the employee died of an illness.
• The deadline to file a claim is three years if the employee died of pulmonary dust disease.

Myth #1: You could lose your job if you file a claim

It is illegal for an employer to fire an employee for filing a claim for workers’ compensation benefits. Employers are also barred from discriminating against employees who suffer from mental or physical disabilities. Filing for workers’ compensation does not necessarily protect your employment status, as you still run the same risk of losing your job as you did prior to your injury or illness. However, filing a claim should not increase the chances that you could lose your job.

Myth #2: My employer will help throughout the process

As much as many employees wish to believe that this is true, employers often do very little to assist their employees when it comes to dealing with workers’ compensation claims. Insurance companies want to pay as little as possible when claims are filed and will do anything to deny those claims. Employers know this and don’t want their premiums to increase, which is why some attempt to obstruct in any way they can.

Myth #3: I cannot receive benefits and file a lawsuit

There are circumstances that arise where a personal injury lawsuit can be filed in conjunction with a claim for workers’ compensation, including if the injury was caused by a co-worker or a third-party vendor used by your employer. We can talk to you about when this might be your best option.

Myth #4: The process of receiving workers’ compensation will be quick

Unfortunately, the workers’ compensation process can move slowly. You can wait months to receive your first payment of lost wages after filing for workers’ compensation benefits in Maryland. The insurance provider for your employer might not approve the required medical care for your injury or illness. A lack of a medical report can delay the receipt of lost wage payments. You might need to schedule a hearing with the Maryland Workers’ Compensation Commission to get the ball rolling.

Myth #5: I am entitled to compensation for pain and suffering

Workers’ compensation does not entitle you to a separate award for pain and suffering. It is possible for injured workers to obtain compensation for the loss of use or function of a body part or for a permanent disability.

Myth #6: I can’t obtain workers’ compensation because I caused my injury

The workers’ compensation process in Maryland is not fault-based. Employees are permitted to collect workers’ compensation benefits even if their own actions caused the accident that left them injured. The system is built to protect both employers and employees when injuries and illnesses occur no matter who is at fault.

Myth #7: It’s okay to wait to see if my injury improves before filing a claim

There are employees who think their injury will heal on its own in a couple of days and they decide to wait it out before filing a claim. This should never be the case. If you suffered an injury or became ill on the job, you should notify your employer immediately and begin the claims process. The longer you delay filing, the less likely it is that your claim will be accepted and processed by the state. You could lose your right to benefits if you miss the filing deadline no matter how serious your injury or illness turns out.

Myth #8: I don’t need a Maryland workers’ compensation attorney

Legally, you do not need to hire an attorney – but, you should still seek the assistance of an experienced Maryland workers’ compensation attorney. An attorney will make sure that your claim includes all of the necessary documentation and information, and handles the filing for you. If your claim is denied, your attorney can handle the appeal.

Myth #9: I cannot afford a Maryland workers’ compensation attorney

Yes, you can. In Maryland, workers’ compensation attorneys are paid on a contingency basis.  This means attorneys receive a percentage of the amount recovered for your claim, and the amount is capped by Maryland law.

Did you suffer an injury on the job in Maryland? Our experienced workers’ compensation attorneys can investigate the incident that left you injured, represent you when filing a claim, and help you recover the compensation you deserve for your injury. Call Plaxen Adler Muncy, P.A. today at 410-730-7737, or complete a contact form on our website to schedule a consultation at one of our many offices throughout Maryland.