It can be easy in the aftermath of a major on-the-job injury to be highly focused on your recovery and simply getting back to work. Still, you do not want to give up your right to pursue workers’ compensation benefits by missing important notification and filing deadlines.
The 10-day deadline
Under Maryland law, a worker has 10 days to report an accidental on-the-job injury to their employer. This report can be oral or in writing. If a worker’s boss witnesses the worker’s injury, this is enough to satisfy the notice requirement.
If a worker does not report their injury to their employer within this timeframe, they may not be able to seek workers’ compensation benefits. The only exception is if the Workers’ Compensation Commission deems there was a sufficient reason for the failure to report the injury or if the employer-insurer was not harmed by the lack of notice.
The 60-day deadline
Under Maryland law, a worker must file their accidental injury claim with the Commission within 60 days of being injured. However, this can be extended by the Commission if the employer-insurer was not harmed by the failure to file the claim within the 60-day deadline.
The two-year deadline
Even though an accidental injury claim should be filed within 60 days, it cannot be filed any later than two years from the date of the injury. This is so even if the worker did not know they were injured on-the-job within that timeframe.
There are two very limited exceptions. First, the clock will not start running until the employer files their report with the Commission. Second, the deadline may be extended one year if there is proof that the employer through unconscionable or fraudulent means caused the worker to miss the deadline.
So, workers who are accidentally injured on-the-job should remember: 10 days, 60 days, two years. These are the deadlines to know to avoid having their workers’ compensation claim barred.