Workers’ compensation: Maryland vs. Virginia vs. Washington, D.C.

10 Important Differences Every Injured Worker Should Know

1. WHO IS GENERALLY COVERED?

Maryland: Most employers with 1 or more employees must have workers’ compensation insurance.

Virginia: Coverage is generally required when an employer regularly has 3 or more employees, subject to important rules and exceptions.

Washington, D.C.: Most private employers with 1 or more employees must provide coverage.

2. HOW LONG DO I HAVE TO FILE?

Maryland: Generally, an accidental- injury claim must be filed within 2 years.

Virginia: Generally, you have 2 years from the accident to file a claim with the Virginia Workers’ Compensation Commission.

Washington, D.C.: Generally, the formal claim application must be filed within 1 year. This is substantially shorter than Maryland and Virginia.

3. CAN I CHOOSE MY OWN DOCTOR?

Maryland: Generally, yes. Maryland gives injured workers substantial freedom in selecting their treating physician.

Virginia: Usually not completely. The employer generally provides a panel of at least 3 physicians, and you choose from that panel. If a proper panel is not provided, you may generally choose your own physician.

Washington, D.C.: Yes. You generally choose your attending physician. Changing doctors afterward usually requires authorization.

4. WHEN DO LOST-WAGE BENEFITS BEGIN?

Maryland: Generally, after a 3-day waiting period. If disability lasts more than 14 days, those first 3 days become payable.

Virginia: Generally, after a 7-day waiting period. If disability continues for more than 21 days, the first 7 days become payable.

Washington, D.C.: Generally, after a 3-day waiting period. If disability lasts more than 14 days, those first 3 days become payable.

5. HOW MUCH ARE TOTAL- DISABILITY BENEFITS?

Maryland: Generally 2/3 of the worker's average weekly wage, subject to statutory limits.

Virginia: Generally 2/3 of the worker's average weekly wage, subject to statutory limits.

Washington, D.C.: Generally 2/3 of the worker's average weekly wage, subject to statutory limits.

6. WHAT ABOUT REPETITIVE OR GRADUAL INJURIES?

Maryland: Occupational diseases and qualifying work-related conditions developing over time may be compensable.

Virginia: Virginia is more restrictive. An “injury by accident” generally must be connected to an identifiable incident or work activity occurring at a reasonably definite time. Occupational-disease rules may apply to some conditions.

Washington, D.C.: Occupational illnesses and qualifying work-related conditions may be covered; D.C. is not governed by Virginia's particularly restrictive accidental-injury approach.

7. WHAT IF I HAVE A PERMANENT INJURY?

Maryland: Maryland uses a distinctive permanent-partial-disability system in which compensation can increase substantially for more serious disabilities.

Virginia: Virginia provides scheduled benefits for permanent loss or loss of use of specified body parts, vision, hearing and certain disfigurement.

Washington, D.C.: D.C. provides permanent-disability benefits, including scheduled awards for certain permanent impairments.

8. CAN I RECEIVE MEDICAL TREATMENT EVEN IF I RETURN TO WORK?

Maryland: Yes. Returning to work does not automatically end entitlement to necessary treatment for a compensable injury.

Virginia: Yes. Medical benefits are separate from wage-loss benefits.

Washington, D.C.: Yes. Necessary medical treatment for the compensable injury can continue even though wage-loss benefits may stop.

9. WHAT IF THE INSURANCE COMPANY DENIES MY CLAIM?

Maryland: A denial is not necessarily the end of the case. Disputed claims can be heard before the Maryland Workers’ Compensation Commission.

Virginia: A denial does not mean you are not entitled to benefits. You can pursue the claim before the Virginia Workers’ Compensation Commission.

Washington, D.C.: You may challenge the denial through D.C.'s workers’ compensation dispute process, including informal and/or formal proceedings.

10. WHAT IS ONE OF THE BIGGEST MISTAKES I CAN MAKE?

Maryland: Waiting too long to report the injury, file the claim, or obtain appropriate medical documentation.

Virginia: Assuming that telling your employer is the same as filing a claim. It isn't. You must protect your rights with the Commission.

Washington, D.C.: Missing D.C.'s shorter filing deadline. Written notice should be given promptly, and the claim application generally must be filed within one year.

The Bottom Line

Where you work can make a major difference in your workers’ compensation case. Injured workers in Maryland, Virginia, and Washington, D.C. have different rules concerning which doctor can provide treatment, how quickly a claim must be filed, when wage benefits begin, and how permanent or repetitive injuries are compensated. Do not assume the rules are the same simply because Maryland, Virginia and Washington, D.C. are next to each other.