How does an employer comply with the workers’ compensation law?
- Employers in the State of Maryland are required to obtain workers’ compensation insurance from any insurance company licensed to write workers’ compensation insurance, the Injured Workers’ Insurance Fund or by becoming a self-insured employer (requires prior approval of the Workers’ Compensation Commission). Employers failing to secure workers’ compensation insurance as required by law shall be guilty of a misdemeanor, and shall be subject to a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than one year, or both fine and imprisonment. If the employer is a corporation, the officer of the corporation having the responsibility for the general management of the corporation in the State shall be liable for such fine and imprisonment as herein provided. The entire cost of workers’ compensation insurance must be borne by the employer. Any employer who deducts any portion of this premium from the wages of his/her employee, entitled to the benefits under this Law, shall be guilty of a misdemeanor.
Who is responsible for providing medical care?
- The employer and insurer are responsible for the payment of medical care and treatment of the injured employee. All medical bills must be forwarded to your insurance carrier for payment.
Are accident reports required by law?
- If an accident occurs to an employee that results in disability for a period of more than 3 days, it shall be the responsibility of the employer to report this accident to the Workers’ Compensation Commission on a “First Report of Injury” form within 10 days after notice of such accident, whether oral or written. Copies of this report must also be sent to your insurance carrier and to the Department of Labor, Licensing & Regulation,
Division of Labor and Industry MOSH Research and Statistics
10946 Golden West Drive Suite 160 Hunt Valley, MD 21031 (http://www.dllr.state.md.us
). These forms are available free of cost from the Commission and /or your insurance carrier. This is not an employee claim for compensation.
The First Report of Injury form can be filed online.
How does an employee file a claim?
- An employee has the responsibility of filing an Employee’s Claim with the Workers’ Compensation Commission. These forms are available free of cost from the Commission and the employer shall have them available for their employees at all times.
The Employee Claim Form is also available online.
How is the average weekly wage determined?
- The average weekly wage of the employee is determined from gross wages, including overtime, and will be based on the information in the Commission file prior to a hearing.
- The average weekly wage is based on:
- the average weekly wage earned by the employee during the 14 weeks prior to the accident; or
- those weeks the employee actually worked during the period.
- If there is a dispute as to the average weekly wage, it may be resolved either by the submission of a statement of the employee’s weekly pay for the weeks prior to the accident OR by a hearing before the Commission. Vacation wages paid shall be included in computing average weekly wage.
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Are work permits required?
- With a few exceptions, every person hired under the age of 18 MUST have a work permit. If an employer fails to obtain a work permit and the minor employee is injured or killed in the course of employment, all compensation and death benefits provided under the Workers’ Compensation Laws may be doubled by the Commission. The employer is solely liable for the increased amount of compensation since an employer is not covered under any workers’ compensation policy for these additional benefits.
Do I need a lawyer?
- Every party has a right to be represented by an attorney before the Commission. Neither the Commissioner conducting your hearing or the Uninsured Employers’ Fund will represent you.
- All posters or notices prepared and
provided by the Workers’ Compensation Commission that give instruction or information about workers’ compensation shall be posted in a conspicuous place at the work site.
See the Publications page for more information.
- Each request for hearing shall be filed with the Commission in writing and shall state clearly the issues to be raised at the hearing. All hearing requests must be in compliance with the Commission’s “Rules of Procedure". On the day of the hearing, all necessary papers, medical reports, etc. must be available.
See Issues form H24R on our FORMS page.