Assessing the Requirements for Filing Maryland Workers’ Compensation Claims
Workers’ compensation is a legal mechanism that helps injured employee secure benefits for certain accidental injuries that occur in the workplace. Assuming the employment situation and injury are eligible under Maryland workers’ compensation laws, then it is possible for an injured employee to receive compensation for medical bills, lost wages, and diminished working capacity.
In order to secure these workers’ compensation benefits, the injured employee must satisfy a series of requirements under Maryland law. In more precise terms, the requirements for filing or amending a workers’ compensation claim appear under Code of Maryland Regulations (COMAR) Section 14.09.02.
How Does an Injured Employee Initiate a Claim?
Under Section 14.09.02, an injured employee must file a claim with the Workers’ Compensation Commission (the Commission) to receive benefits. If the injured employee has legal representation, then their attorney will submit the necessary information directly to the Commission.
If an injured employee does not have legal representation, they can still submit the required information to the Commission. Though given the complexities of filing a successful claim for workers’ compensation benefits, it is highly recommended to consult with a legal representative beforehand.
What Information is Needed to Process a Claim?
In order to process a claim for workers’ compensation benefits, the Commission requires certain information, including but not necessarily limited to:
- Full legal name;
- Permanent mailing address;
- Date of birth;
- Timeline of injury or occupational disease;
- Type of injury or disease sustained; and
- Explanation of how injury or disease happened.
If a workers’ compensation claim does not include the information outlined above, the Commission will reject the request for benefits. Though if certain information is unavailable or nonexistent, the injured employee can attach a signed statement to that effect.
Is it Required to Disclose Medical Information to File a Claim?
In the process of filing a claim for workers’ compensation benefits, the injured employee must authorize the disclosure of certain medical information. The Commission will reject any workers’ compensation claim that is lacking a valid authorization for disclosure of medical information.
Specifically, the injured employee must release medical information pertaining to:
- What body parts were impacted by the accidental injury or occupational disease; and
- How the accidental injury or occupational disease happened.
After receiving a valid authorization for disclosure, the medical information above goes to the employee’s attorney, the employer, and the employer’s insurance provider.
At any time thereafter, the injured employee is free to revoke their authorization for disclosure of medical information. Though such a revocation must be in writing and delivered to all relevant parties.
Do You Need Legal Help?
If you need legal help with filing a claim for workers’ compensation benefits in Maryland, it can be highly beneficial to contact a trusted workers’ compensation attorney. The Baltimore workers’ compensation attorneys at Iamele & Iamele, LLP have many years of combined legal experience in matters of workers’ compensation, including filing claims for benefits. If you need legal help, contact us today for a free initial consultation.
