Maryland workers injured on the job need to know the time limits within which they must seek compensation or file a case for a workplace injury. Otherwise, they could wait too long and lose their opportunity to act.
These time limits are known as the statute of limitations. They vary depending on the type of injury and the circumstances surrounding the accident.
Have you been injured on the job?
Here’s what you need to know about the timeframe that governs your right to seek compensation for your injuries.
What is the Statute of Limitations in Maryland?
The statute of limitations is the maximum time frame within which you can bring a lawsuit or seek compensation for an injury that you sustained on the job.
However, in Maryland, there are several timeframes to keep in mind after an on-the-job injury.
The first is related to how long you have to report your injury to your employer. A covered employee who is injured on the job has 10 days from the date of the injury to notify the employer of the injury.
Next is the deadline to file with the Commission. A claim for an accidental injury must be filed with the Commission within 60 days after the date of the accident. However, failure to file a claim within this time frame may be excused by the Commission if the employer-insurer was not prejudiced by the failure to file in time.
Although the employee should file the claim within 60 days, the employee must file the claim within 2 years of the accidental injury. There is no excuse for failing to file within 2 years of the accidental injury and this time deadline will not be waived by the Commission. Even if the employee was not aware of he/she sustained an accidental injury, the period is not extended.
The statute of limitations on workplace injuries in Maryland begins on the date of the injury.
Are There Any Exceptions?
Yes. Some exceptions would extend this timeframe. You can read more about these exceptions on the Maryland Workers’ Compensation website.
Additionally, there are dates regarding when you must file a claim for occupational disease and wrongful death benefits. The site also offers information about these deadlines.
Most of the extensions involve cases that include cases of:
- Victim is incapacitated and unable to make legal decisions
What are the Consequences of Taking Too Long?
If you fail to file within the statute of limitations, your right to seek compensation or file a lawsuit will be lost. Even if you have a strong case, the court will not hear it if the statute of limitations has passed. Therefore, it is essential to act quickly and file before the deadline.
What Should You Do If You Are Injured on the Job?
If you were injured on the job, the first step is to seek medical attention immediately. It is crucial to document your injuries and receive treatment promptly to avoid worsening your condition.
After receiving medical care, you should report the injury to your employer as soon as possible. Your employer should then arrange for you to receive workers’ compensation benefits. If you do not receive benefits or believe you are entitled to more compensation, you should contact an experienced attorney.
If you’d like to speak to someone about injuries you sustained while on the job or you’re ready to schedule a consultation to discuss your case, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.