How Long Does a Workers’ Compensation Claim Last?
You never expect to get hurt on the job. So when you’re injured while working and it wasn’t your fault, it can be hard to get back to normal. In an attempt to recover, you file a workers’ compensation claim, but now you don’t know what to expect next. You need to know how long the claim will last so that you know when you’ll get your compensation. In Maryland, that timeline can be pretty straightforward.
What to Expect from Your Claim
Maryland is a state that functions with a Workers’ Compensation Commission (WCC), and their process keeps claim timelines from getting out of hand. First, you must be sure that your injury arose out of and in the course of employment. Otherwise, your injury might not be considered for workers’ compensation. You must report this injury to your employer within 10 days of your accident, or if a loved one dies from their injuries, the family has 30 days to report it.
After you report your personal injury, occupational disease, or the accidental death of a family member that qualifies for workers’ comp, your employer files a claim through the WCC. The Commission will get all the information they need to sort through your claim and will contact both your employer and their insurance company before making a decision. Within 21 days, the WCC could close your claim and mandate your employer or their insurer to pay out for your workers’ compensation benefits.
If there were any contesting issues, however, the claim will last longer because it goes to a hearing. When your claim goes to a hearing, it could be because your employer or insurer is contesting liability, you’re requesting medical treatment, or you’re requesting compensation for a temporary or permanent disability. Maryland law states that the Commissioners must ensure that there is no unnecessary delay in the proceedings. There’s no set amount of time of how long your hearing will take, but you will be notified of the hearing date promptly. There is a hearing schedule that you can access in the meantime.
Maryland Statute of Limitations
Before starting your workers’ compensation claim, it’s important to know how long you have to report your injury, disease, or your loved one’s death. After being seen by a doctor, you should immediately tell your employer about your injury and file a claim. Your time limits for informing your employer are mentioned above.
According to the General Assembly of Maryland, you have up to two years to file a claim to remain within the statute of limitations. Regardless of your two year maximum limit, you are required to file your claim with the WCC within 60 days of your injury. Your claim will only be allowed after that deadline if you have a reason why it’s late.
A workers’ compensation claim can be confusing when you try to handle it on your own, but an experienced attorney can ensure that your case is handled correctly. In Baltimore, Belsky, Weinberg & Horowitz, LLC can be your lifeline for your claim. You’ll want our dedicated worker’s compensation lawyer to represent you through your process to ensure you get the justice you deserve. To talk with us about your case, contact us today.