Claim Requirements and Procedures

Claim Requirements

In Maryland, a claim for accidental injury must be filed within 60 days from the date of the injury. It is possible to file the claim after the 60 day period has run if the injured worker can show that there has net been any prejudice to the insurer. In any event, almost all other cases must be filed within 2 years from the date of the injury.

In Maryland a claim for occupational disease must be filed within 2 years from the date of disablement or when the injured worker had knowledge of the causal relationship between the injury and the employment.

In Maryland, in most cases, a claim for death benefits must be filed within 18 months from the date of death.

All filings in Maryland must be made with the Workers Compensation Commission in Baltimore. The Maryland Workers Compensation Commission permits online filing of the claim and all claim documents which streamlines the system.

Except in certain circumstances, all claims for compensation shall be filed with the District of Columbia Office of Workers Compensation within 1 year after the injury or death or within 1 year from the last payment of compensation. The time for filing does not begin to run until the employee is aware of the relationship between the injury and the employment.

In each jurisdiction, once you have given proper notice to your employer, a claim file should be set up with the insurance company. Your claim will have a claims adjuster that will process your payments and authorize your medical treatment. Once a dispute arises between the parties, the parties may need to take the case to the Maryland Workers Compensation Commission or District of Columbia Office of Workers Compensation.

In Maryland, all hearings start at the Workers Compensation Commission level and are heard by one of the Commissioners. Your case will be heard usually within 2-3 months of filing issues(requesting a hearing). An award will usually be sent out in the mail within 2-4 weeks of the hearing. The rules of evidence are relaxed at the Maryland Workers Compensation Commission as it pertains to admissibility of medical records. If either party is unhappy with the decision of the Maryland Workers Compensation Commission, they have the right to appeal to the Circuit Court for a new hearing. At the Circuit Court, all formal rules of evidence will apply and most times an expert witness is required which will increase the cost of proceeding forward.

In the District of Columbia, most hearings originate in the Office of Workers Compensation and are heard by a claims examiner. A recommendation will be issued by the claims examiner. Either party has the right to appeal the recommendation of the claims examiner. The appeal will be heard by the Administrative Hearings Division and an Administrative Law judge appointed to conduct the formal hearing. A Compensation Order will be issued by the Administrative Law Judge, which can be appealed to the Compensation Review Board or Court of Appeals.

The legal information on this site is not intended to be legal advice. Contact one of our experienced workers compensation attorneys or lawyers today to get specific information and answers for your specific situation.

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