Call For An Initial Consultation (410) 421-1713

  • By: James Ellison, Esq.
Woman speaking passionately while reviewing a document with two people, workers' compensation mistakes in Maryland.

In this article, you will discover:

  • Maryland’s notice requirement for reporting a workplace injury to your employer.
  • Essential documentation you’ll need to support your workers’ compensation claim.
  • What you should avoid saying to employers or the insurance company about your workplace injury.

Mistake #1: Delaying The Report Of A Workplace Injury

Maryland Law requires you to give notice to the employer within a specific period: 10 days from the workplace injury. If you fail to give notice within that period, your entire claim can be denied.

Mistake #2: Discussing Your Injury And Claim With Your Employer Or Insurer

You should avoid making any statements relating to the extent of your injuries, your treatment, or what your permanent disabilities may be. Those need to be addressed in consultation with your medical providers and an experienced workers’ compensation attorney. You want to ensure you’re presenting your claims correctly so they’re not misconstrued or taken out of context to your detriment later.

Mistake #3: Not Collecting Essential Documentation After Getting Hurt On The Job

The primary documentation you want to collect after you’re injured on the job is some confirmation that you gave notice to the employer of the workplace injury. Sometimes, employers have a form called an injury report or accident form for documenting that an accident occurred, where it happened and what happened.

Similarly, because many Maryland workers fail to seek medical evaluation immediately after the accident, there is no documentation of their exact condition and its ramifications. While a medical report might not document the full extent of all your injuries, it demonstrates that you’re taking the crucial step of seeking immediate medical treatment because of a workplace accident.

Mistake #4: Settling Your Workers’ Compensation Case Too Early

You should consult your medical providers and an experienced workers’ compensation attorney about any potential settlement. You may not fully appreciate the extent of your injuries at the time of or immediately after the accident. Some injuries may seem minor at first, but they can ultimately linger or evolve into a more permanent and exacerbated condition that requires further treatment in the future.

If you haven’t preserved your Maryland workers’ compensation case or waived it by settling, you couldn’t claim those future benefits to which you are entitled.

Mistake #5: Missing Key Deadlines In Your Workers’ Compensation Claim

The most commonly missed deadline in a workers’ compensation claim is the duty to notify the employer that the accident took place and to file the workers’ compensation claim with the Maryland Workers’ Compensation Commission, which must be filed within six months of the accidental injury.

You can work around that six-month timeline and extend it up to two years. An experienced workers’ compensation attorney can assist you in ensuring your claim is still preserved if you miss the initial six-month deadline.

Notes From The Field: Why Is Hiring A Local Attorney Crucial To Avoid These Mistakes?

Hiring a local attorney is crucial because they will be routinely involved with local insurance companies. Many employers have the same workers’ compensation insurance adjusters and evaluators. We are familiar with their contact information and the documentation they prefer.

We can also help you expedite the approval of your claim. If you must take your case before the Workers’ Compensation Commission or to court, we’re experienced in understanding the tendencies of the local Workers’ Compensation Commission, as well as the court’s, as they relate to workers’ compensation claims.

Local attorneys are also a helpful resource for knowing which medical providers accept workers’ compensation insurance. Sometimes, you can’t find a medical provider who will accept workers’ compensation insurance to treat a medical condition. A local workers’ compensation attorney has worked with numerous medical providers in the area and can refer you to an appropriate specialist for a specific medical treatment.

Still Have Questions? Ready To Get Started?

For more information on common Maryland work injury mistakes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (410) 421-1713 today.