Maryland injured worker quick start guide

MARYLAND INJURED WORKER QUICK START GUIDE

What to Do — and What NOT to Do — After a Workplace Injury

A Consumer Guide for Maryland Workers

PART ONE

YOU WERE HURT AT WORK. WHAT SHOULD YOU DO NOW?

A workplace injury can turn an ordinary day into a confusing combination of doctors, supervisors, insurance adjusters, paperwork and questions about your paycheck.

You do not need to understand the entire Maryland workers' compensation system today.

But there are several things you should do right now to protect yourself.

1. REPORT YOUR INJURY IMMEDIATELY

Tell your supervisor or employer as soon as possible.

Then put it in writing.

For an ordinary accidental personal injury, Maryland generally requires notice to the employer within 10 days after the injury.

Written notice should identify you and explain, in plain language:

• when the accident happened;
• where it happened;
• what happened;
• how it happened; and
• the nature of your injury.

Maryland law contains provisions that can excuse late notice in certain circumstances, but you should never plan on needing an exception.

Do not wait because you think the injury will get better.

2. GET APPROPRIATE MEDICAL TREATMENT

If you need emergency treatment, get it.

Maryland differs significantly from Virginia regarding the selection of doctors.

Maryland does not use Virginia's statutory panel-of-three-physicians system. Maryland law recognizes treatment by physicians and healthcare providers selected by the injured worker, although disputes can still arise over whether particular treatment is related to the workplace injury, reasonable and necessary.

When you obtain treatment:

• explain exactly how the work accident happened;
• identify every body part that was injured;
• describe your symptoms accurately; and
• follow reasonable medical instructions.

3. TELL YOUR DOCTOR THE TRUTH — THE WHOLE TRUTH

Your medical records may become some of the most important evidence in your workers' compensation claim.

Tell your doctor:

• exactly how the accident occurred;
• every body part that was injured;
• what symptoms you are experiencing;
• whether your symptoms are improving or getting worse;
• what activities cause difficulty; and
• whether you believe you can work.

Do not exaggerate.

But do not minimize your injuries either.

Be accurate.

4. GET YOUR WORK STATUS IN WRITING

If your doctor says you cannot work, get that opinion in writing.

If your doctor says you can work only with restrictions, get the restrictions in writing.

Keep a copy.

Give the appropriate documentation to your employer.

If you return to work:

Follow your medical restrictions.

If the employer asks you to perform work that you believe exceeds those restrictions, document the problem and communicate with your medical provider.

5. FILE YOUR CLAIM WITH THE MARYLAND WORKERS' COMPENSATION COMMISSION

This is extremely important.

REPORTING YOUR ACCIDENT TO YOUR EMPLOYER IS NOT THE SAME THING AS FILING YOUR WORKERS' COMPENSATION CLAIM.

Your employer may know about the accident.

Your employer may have prepared an accident report.

An insurance adjuster may already have contacted you.

The insurance company may even be paying bills. Do not assume that any of this means your claim has been filed with the Maryland Workers' Compensation Commission.

Maryland generally provides that an accidental-injury claim should be filed with the Commission within 60 days after the injury.

Maryland law contains provisions under which some claims filed after 60 days may nevertheless proceed, and there is generally a two-year limitations provision for accidental- injury claims.

Do not rely on that.

FILE PROMPTLY.

The Maryland Workers' Compensation Commission permits an injured worker to file an Employee Claim electronically through CompHub

KEEP EVERYTHING

Start a folder-paper, electronic, or both.

Keep: accident reports;

• photographs;
• witness information;
• medical records;
• doctor's notes;
• work restrictions;
• prescriptions;
• medical bills;

mileage and transportation records;

• pay stubs;
• emails;
• text messages;
• insurance-company correspondence; and
• every document from the Maryland Workers' Compensation Commission.

A SHORT PENCIL IS BETTER THANA LONG MEMORY.

Write things down.

PART TWO

10 THINGS THAT CAN HURT YOUR MARYLAND WORKERS' COMPENSATION CLAIM

1. WAITING TO REPORT THE ACCIDENT

Maryland's general notice period for an accidental personal injury is only 10 days.

Report it immediately.

2. ASSUMING YOUR EMPLOYER FILED YOUR CLAIM FOR YOU

The employer's accident reporting obligations and your claim before the Maryland Workers' Compensation Commission are different things.

Protect yourself.

3. WAITING TO FILE WITH THE COMMISSION

Maryland generally calls for filing the accidental-injury claim within 60 days.

Do not unnecessarily turn a straightforward filing into a legal dispute about whether your late claim should be permitted.

4. MISSING MEDICAL APPOINTMENTS

Attend your appointments and follow reasonable medical instructions.

5. GIVING DIFFERENT VERSIONS OF THE ACCIDENT

Be accurate and consistent when speaking with your employer, doctors, insurance representatives and the Commission.

6. EXAGGERATING YOUR INJURIES

Your credibility matters.

Tell the truth.

7. MINIMIZING YOUR INJURIES

If something hurts or you are having difficulty doing something, tell your medical provider.

8. IGNORING YOUR MEDICAL RESTRICTIONS

Follow your doctor's restrictions.

If the employer asks you to exceed them, address the problem rather than simply ignoring the restrictions.

9. CARELESS SOCIAL MEDIA ACTIVITY

Photographs, videos and comments can be taken out of context and used to challenge what you have said about your physical abilities.

Think before you post.

10. SIGNING A SETTLEMENT YOU DO NOT UNDERSTAND

A workers' compensation settlement can affect:

• future wage benefits;
• future medical treatment;
• permanent disability benefits;
• vocational rehabilitation; and
• other important rights.

Know what you are receiving.

Know what you are giving up.

WHAT ABOUT YOUR PAYCHECK?

If a compensable workplace injury leaves you temporarily and totally unable to work, Maryland generally provides compensation equal to two-thirds of your average weekly wage, subject to the statutory minimum and maximum rules.

Maryland generally has a three-calendar-day waiting period for temporary-total-disability wage benefits when the disability lasts 14 days or less.

But if temporary total disability continues for more than 14 days, compensation generally becomes payable from the beginning of the disability.

Remember:

3 DAYS — the ordinary waiting period.

MORE THAN 14 DAYS — compensation generally relates back to the beginning of disability.

Medical benefits are treated separately from this wage-loss waiting period.

COULD YOU HAVE TWO CASES?

This may be one of the most important questions you ask.

If someone other than your employer caused your workplace injury, you may have legal rights beyond workers' compensation.

Example:

You are driving while performing your job.

Another driver negligently causes an accident.

You may potentially have:

WORKERS' COMPENSATION CLAIM

for applicable medical treatment, wage-loss benefits, permanent disability benefits and other workers' compensation benefits.

PLUS

PERSONAL INJURY CLAIM

against the negligent driver.

Other possible third-party cases may involve:

defective machinery;

• defective products;
• negligent contractors;
• unsafe property;
• negligent drivers; and
• other persons or businesses legally responsible for causing the injury.

A personal injury claim may allow recovery for damages that workers' compensation ordinarily does not provide, including pain and suffering.

However, Maryland workers' compensation reimbursement and third-party recovery rules can affect how the two claims interact.

If someone other than your employer may have caused your injury, investigate that possibility immediately.

THE 5 QUESTIONS TO ASK YOURSELF TODAY

• Did I report my accident to my employer?
• Did I put the report in writing?
• Am I receiving appropriate medical treatment?
• Did I file my claim with the Maryland Workers' Compensation Commission?
• Could someone other than my employer be responsible for causing my injury?

If you cannot confidently answer all five questions, find out what still needs to be done.

FOUR MARYLAND NUMBERS TO REMEMBER

10 DAYS

The general notice period for reporting an accidental personal injury to the employer.

60 DAYS

The general period within which an injured worker should file the accidental-injury claim with the Maryland Workers' Compensation Commission.

3 DAYS

The ordinary waiting period for temporary-total-disability wage benefits when disability lasts 14 days or less.

14 DAYS

If temporary total disability continues for more than 14 days, compensation generally becomes payable from the beginning of the disability.

BUT HERE IS THE NUMBER THAT MATTERS MOST:

TODAY.

Do not wait ten days to report an accident simply because the law generally gives you ten days.

Do not wait sixty days to file a claim simply because the law generally gives you sixty days.

The safest approach is simple:

REPORT IT TODAY.

DOCUMENT IT TODAY.

PROTECT YOUR CLAIM TODAY.

ONE FINAL RULE

When you are injured at work, your first priority is your health.

Your next priority is protecting your rights.

Do not assume your employer, an insurance company or anyone else is doing everything necessary to protect those rights for you.

Ask questions.

Keep records.

Follow your medical treatment.

Tell the truth.

Know your rights.

And when something does not make sense, get qualified help before making a decision you cannot easily undo.

IMPORTANT

This Quick Guide provides general educational information concerning Maryland workers' compensation law. It is not legal advice and does not create an attorney-client relationship. Workers' compensation rights depend upon the facts of each case, and exceptions or additional requirements may apply.

Maryland law can change. Always verify current requirements when dealing with an actual claim.