Hurt at Work in Maryland: How a Workers' Compensation Claim Moves

Someone slips on a wet warehouse floor. A delivery driver wrenches a shoulder unloading a van. An office worker develops pain in both wrists after years at a keyboard. Different jobs, same question: what now? In Maryland, most injuries that happen because of work are handled through workers' compensation, a system with its own forms, its own agency and its own rules. It's different from a regular lawsuit, and getting the early steps right makes everything after easier.

What workers' compensation is

Workers' compensation is a no-fault insurance system. If you are hurt, or made ill, because of your job, you generally don't have to prove your employer did anything wrong. In exchange, the system limits what you can recover, and it generally keeps you from suing your employer in court over the injury. It covers sudden accidents and also conditions that develop over time, such as repetitive strain injuries and some occupational diseases.

Step one: tell your employer

Report the injury to your supervisor right away, and do it in writing if you can, even a short email or text that you keep a copy of. Say what happened, when and where, and which part of your body was hurt. Strict deadlines apply for giving notice of an injury, and waiting, even because you hoped it would get better, can put your claim at risk. Employers are also expected to report serious injuries to their insurer.

A common trap is minimizing. People tell the boss, "it's just a tweak," and then the injury turns out to need surgery. The first report should be accurate and complete, not tough.

Step two: get medical care and be specific about work

Get treatment promptly. In an emergency, go to the nearest emergency room. After that, find out whether your employer or its insurer has a list or network of providers you're expected to use, and ask questions rather than guessing. When you see a doctor, say clearly that the injury happened at work and describe exactly how. Medical records are the backbone of a workers' compensation claim, and a vague description in the chart can be used against you later. Follow work restrictions the doctor gives you and keep a copy of every note.

Step three: the claim with the Commission

Claims are administered by the Maryland Workers' Compensation Commission. To start a claim, an injured worker files a claim form with the Commission within the time limits the law sets. The Commission then notifies the employer and its insurer, who respond by accepting the claim or contesting it. Many first-time claimants are surprised that a contested claim is routine, not a sign that something is wrong with yours.

If the claim is disputed, the Commission can schedule a hearing before a commissioner. You can present medical evidence and testimony, and the insurer can do the same. A commissioner issues an order. That order can be appealed to the circuit court by either side, which is another reason the paper record you build early on is so important.

What benefits can be available

• Medical benefits: reasonable and necessary treatment for the work injury, including doctor visits, tests, surgery, therapy and prescriptions
• Temporary disability benefits: payments to replace part of your wages while a doctor says you cannot work or can only do limited work
• Permanent disability benefits: compensation if the injury leaves lasting impairment, even after you recover as far as you will
• Vocational rehabilitation: help preparing for other work if you can't go back to your old job
• Death benefits: payments to eligible dependents if a worker is killed by a work-related injury

The type and amount of benefits depend on the nature of the injury, your wages, and what the medical evidence supports. Those details are set by Maryland law and vary from person to person, so any figure you hear secondhand should be treated with caution.

Things that trip people up

• Waiting to report because the pain seemed minor
• Telling a medical provider the injury happened some other way, or leaving work out of the history
• Signing statements or settlement papers before understanding what rights they give up
• Going back to heavy work earlier than the doctor allowed
• Posting about activities on social media that an insurer could read the wrong way
• Assuming a denial is the end, when it often is the beginning of a hearing process

Sometimes a third party caused the injury, such as a driver who hit you on a delivery route or a company that made a defective machine. In those cases there may be a separate personal injury claim in addition to workers' compensation. The two can interact, so it's worth raising early.

Cooper & Tuerk, LLP handles workers' compensation matters for people hurt on the job in the Baltimore area. You'll work directly with an attorney and not a paralegal. If you've been hurt at work and aren't sure where to start, call our office at (410) 539-0300. This article is a general overview, not legal advice.