Time Limits for Filing a Worker’s Compensation Claim
Work injuries can cause a lot of stress. It helps to know the details of worker’s compensation laws in your state. Here, Jeffrey Scholnick addresses worker’s compensation time limits and details on time limit extensions.
This article applies specifically to Maryland Workers’ Compensation law.
In order to receive workers’ compensation benefits, you are required to file a claim within a certain time limit.
As noted in a previous post on my website, there are two important deadlines that you need to know about filing a Worker’s Compensation Claim for an accidental injury.
- How long after an accident can I file a claim?
Answer- You have to file an Employee’s Claim Form within two years of the accident, but you should really file your claim within 60 days of the accident. Actually, you should file the Employee’s Claim Form as soon as possible.
- How long do I have to give notice of injury after an accident?
Answer – You need to give notice of your injury within 10 days of the accident. I recommend that you tell your boss and and Human Relations Department supervisor on the accident date or as soon as you realize that you were injured in the accident.
These two rules seem very simple, but can be complicated because of certain exceptions and because of the individual facts of your case. You really need to consult an attorney with experience in Workers’ Compensation Claims before proceeding. Since I have 30 years of experience in Workers’ Compensation cases, feel free to call me.
The general rule is that the earlier you file your claim the easier it may be to prove your eligibility for worker’s compensation and the sooner you can start to receive benefits.
In the case of occupational disease, time limits can be extended by quite a bit. Let’s start by defining an occupational disease:
An OD is generally a condition that results slowly over time. It results from a work condition that you repeat over time.
Here are some examples-
- You can get carpal tunnel syndrome in your wrists from using a drill all day at work
- you can get occupational asthma from breathing in certain types of fumes on the job
- post traumatic stress disorder from seeing a co-worker killed or being the victim of a robbery
Here are a few things that you need to have an OD
- Disablement- you need to lose time from work or have a change in your work duties due to condition
- Causal connection- it has to be a condition that is caused by work, not just aggravated by the work environment. In other words, if you have asthma since your youth and then it is worsened by work, that is not a valid OD claim. You will need a letter from your treating doctor saying that the OD is from the work condition.
- The OD has to be a condition that is reasonable from the work condition- in other words, if the employer has other people that have done the same job as you for 40 years and no one, with the same exposure, has ever manifested occupational asthma, you will have a difficult time proving your case.
If you have a hernia that is work related, there is another law that specifically applies to this type of injury.
Confused by all of these rules? This is the reason that it is important to consult an experienced worker’s compensation attorney to ensure that all deadlines applicable to your situation are met. Even if your employer has informed you that you are too late to file a claim, meet with an attorney to determine whether this is true and if there are any rules that allow you a filing extension. For more information on worker’s compensation laws, contact Jeffrey Scholnick today. He has MORE THAN THIRTY years of experience dealing with these claims.
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