What To Do If You Missed A Maryland Workers’ Compensation Deadline

When on-the-job injuries turn your life upside down, filing paperwork is probably the last thing on your mind. However, in Maryland workers’ compensation cases, deadlines matter enormously, and being late can put your entire claim at risk.

Our experienced Maryland workers’ compensation attorney explains the key deadlines injured workers need to know and options that may still be available if you missed one.

Maryland Workers’ Compensation Deadlines You Can’t Afford to Miss

Maryland law has strict time limits for every stage of the workers’ compensation process. These deadlines exist to protect both workers and employers, but they can catch injured workers off guard, especially when dealing with serious injuries or long recovery periods.

According to the Maryland Workers’ Compensation Commission (WCC), failure to meet filing deadlines can result in the loss of your right to benefits, regardless of how serious your injury is. Critical deadlines in a Maryland workers’ compensation claim include:

• You must report your workplace injury to your employer within ten days of the accident to preserve your right to benefits.
• You generally have up to two years to file a Maryland workers’ compensation claim with the WCC.
• You must generally file claims involving occupational diseases within two years of the date you knew or should have known the condition was work-related.
• You have up to 18 months to file a claim involving death.
• You generally have five years to reopen a closed claim.

Missing any of these windows can have serious consequences, but the situation is not hopeless.

What Happens If You Miss a Maryland Workers’ Comp Deadline

A missed deadline does not automatically mean your claim is over. Maryland law recognizes that there are circumstances in which strict enforcement of a deadline would be unfair, and that in some situations exceptions may apply.

Under Maryland Code, Labor and Employment Section 9-709, the WCC has limited authority to consider late filings under specific conditions. Factors that may support an exception include:

• Your injury or illness was not immediately apparent, and symptoms developed gradually over time.
• A medical condition or hospitalization prevented you from filing within the required window.
• Your employer or their insurer provided misleading information that caused the delay.
• You were unaware that your condition was connected to your workplace until after the deadline passed.
• New medical evidence has emerged that changes the nature or severity of your diagnosed condition.

These exceptions are narrow and not guaranteed, which is why getting professional legal help as soon as possible is critical.

Do Not Wait to Get Help. Contact Our Experienced Maryland Workers’ Compensation Attorney Today

Workers’ compensation deadlines in Maryland are strict. To protect your rights to benefits, contact Berman, Sobin, Gross, Feldman & Darby LLP today. Our experienced Maryland workers’ compensation attorney can review the timeline of your claim, identify available options, and fight to get you the maximum benefits.

The sooner you reach out, the more options you are likely to have. Request a consultation today.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-709