Maryland is one of 49 states in the country that requires employers to have workers’ compensation insurance to protect employees who are injured, sickened, or disabled while on the job by providing wage replacement and medical care.
The state’s General Assembly passed the first workers’ compensation law in the United States in 1902. Although that law was struck down under a constitutional challenge, the state reinstituted workers’ compensation laws under the State Industrial Accident Commission in 1914. It was renamed the Workmen’s Compensation Commission in 1957 and finally, the Workers’ Compensation Commission on Jan. 1, 1986.
State of Maryland Workers’ Compensation Laws and Penalties for Non-Compliance
Understanding Maryland’s worker compensation laws is crucial. An employer who doesn’t comply could face heavy fines or a lawsuit. An employee who doesn’t understand their rights could forfeit much-needed financial relief.
It’s important to remember that Maryland workers’ compensation law doesn’t cover all injuries that occur on the job. The harm must be caused by an “accidental personal injury arising out of and in the course of employment.” Employees who prove that they have a disease resulting from their job are also entitled to workers’ compensation benefits.
In Maryland, every employer with one or more employees must obtain workers’ compensation through an insurance company licensed by the state to provide it. Employers who don’t can be found guilty of a misdemeanor. If convicted, they can be fined up to $10,000 or sent to prison.
Laws Regarding Reporting and Filing Claims for Accidents and Illnesses
Within 10 days of a workplace accident that results in injury or disability for more than three days, the employer must provide a report to the Maryland Workers’ Compensation Commission and a copy to the insurance carrier.
The employee has 10 days to notify their employer of a workplace accident. They should file a claim with the Maryland Workers Compensation Commission within 60 days but must file it within two years. They should notify the insurer within a year of a work-related disease or illness and within two years of when they were disabled.
In all cases, employees should immediately seek medical attention and document expenses and missed work.
Laws Regarding Reporting and Filing Claims for Work-Related Deaths
A family member of an employee who died from a work-related injury must notify the employers within 30 days of death from an accident and file a claim with the commission within 18 months. They must notify the employer within a year after death from an occupational disease and file a claim within two years of the death.
Monetary Benefits
Wage replacement is determined by using the employee’s average weekly wage for 14 weeks before the accident and the number of weeks they worked during that time. Vacation wages are also included.
Maryland Workers Compensation 2024 maximum rates include:
- Temporary and permanent total disability: Two-thirds of the average weekly wage, not to exceed 100% of the State average weekly wage or $1,456.
- Temporary partial disability: 50% of the difference between the employee’s average weekly wage and their wage-earning capacity going forward, but not to exceed 50% of the state’s average weekly wage or $728.
- Serious disability: Two-thirds of the employee’s average weekly wage, not to exceed 75% of the state average weekly wage or $1,092.
If the employer and employee have a dispute regarding the payment, they can choose to submit a pay statement or request a hearing.
Zirkin & Schmerling: Experienced Workers’ Compensation Representation
If you have suffered an injury at work in Maryland, it is important to understand your rights and options under state workers’ compensation laws. The claims process can be complex and difficult to navigate alone.
An experienced Maryland workers’ compensation attorney can provide invaluable legal guidance and representation to help recover benefits you may be entitled to. They assist with investigating your claim, gathering evidence, negotiating a fair settlement, and appealing any denials of reasonable requests for compensation for medical bills, lost wages, permanent impairment, and vocational rehabilitation services. Don’t try to handle a workplace injury claim by yourself – consult a knowledgeable workers’ comp lawyer at Zirkin & Schmerling serving injured employees to protect your interests after an on-the-job accident.
Are you involved in a workers’ compensation dispute with your employer? Zirkin and Schmerling can help. Contact us at 410-753-4611 for a free consultation.