What If Your Employer Doesn’t Report Your Work Injury in Maryland?

When you get injured on the job, the last thing you expect is for your employer to ignore it. Unfortunately, this happens regularly. Some Maryland workers report valid injuries only to have their supervisor downplay the situation, delay reporting it to insurance, or even discourage them from filing a claim altogether.

Our Maryland workers’ compensation attorney regularly helps injured employees navigate the system when their employer doesn’t cooperate. Don’t let inaction or intimidation keep you from the benefits you’re entitled to under Maryland law.

Why Some Maryland Employers Fail to Report Work Injuries

If you get hurt on the job in Maryland, workers’ compensation benefits can help offset your losses. Under Maryland workers’ comp laws, when an employee is injured, employers are required to notify their insurance carrier and cooperate with the claim process.

Unfortunately, that doesn’t always happen. Common reasons employers give for not reporting on-the-job injuries include:

• Claiming they are unfamiliar with the rules;
• Insisting the injury is too minor to report;
• Delaying filing the report in hopes the worker will “get better” and drop it;
• Pressuring workers to use sick leave or health insurance instead;
• To keep their insurance premiums low or avoid regulatory scrutiny.

Maryland law requires injured workers to notify their employer of the injury within 10 days of the incident. But even if you report it promptly, an uncooperative employer may delay further action or even try to retaliate against you. Employers are not required to file a claim with the Maryland Workers’ Compensation Commission on your behalf – that is your responsibility. Reporting the injury and filing a claim are not the same thing. Our Maryland workers’ compensation attorneys can guide you through the process to make sure your rights are protected.

How to Protect Yourself If Your Employer Won’t File a Maryland Workers’ Compensation Claim

If your employer refuses to report your injury or discourages you from seeking workers’ compensation,  here’s what to do:

• Document everything: Write down the date, time, and details of your injury. Note when and how you reported it, and who you spoke to.
• Seek medical attention immediately: Tell the provider your injury is work-related and make sure that they document it accordingly.
• File a claim with the Maryland Workers’ Compensation Commission to initiate your claim independently. An attorney can help you navigate this process and make sure your claim is filed correctly.
• Keep copies of all medical records, forms, and correspondence: This helps establish your timeline and the seriousness of your injury.
• Get legal representation right away.

Maryland law protects workers from employer retaliation, and the law does not require you to wait for your employer to take action if you’re not receiving the benefits you need.

Our Experienced Maryland Workers’ Compensation Attorney Is Here to Help

If your employer is ignoring or failing to report your work injury, you don’t have to handle it alone. Berman | Sobin | Gross LLP can assist you throughout the process of filing a workers’ compensation claim, gathering supporting documentation, and combating delay tactics. To get the legal help you need, request a consultation with our Maryland workers’ compensation attorney. Call or contact our office online today.

Sources:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-627&enactments=false

wcc.state.md.us/wfms/c1_webforms.html