Legal Question in Workers Comp in Maryland
Maryland Worker's Comp Laws
Scenario: An employee alleges that he becomes injured while at work. Company policy states that the employee will follow accident reporting procedures and will be evaluated and or treated by a company designated occupational medicine physician. The employee refuses to comply with company policy and wishes to be treated by his or her own physician. Under Maryland law, would the company be responsible for payment in this case? Second, if the employee does not follow company procedures for accident reporting and the company is not able to fully substantiate that the injury was work related, what action can be taken by the employer without legal recourse. Where could I find such information in writing?
1 Answer from Attorneys
Re: Maryland Worker's Comp Laws
With regard to reporting, if the employee failed to timely report the injury, the employer's comp carrier will in all likelihood deny coverage, in which case the employee will have to file a formal claim with the worker's comp commission and request a hearing. He can be treated by the physician of his choice, and it will be up to the physician to report that the injury was work-related in order for the employee to be eligible for benefits. The employer can have the worker examined by their own doctor so that they can present a medical report at the comp hearing that disputes the causal relationship between the injury and the employee's job. If you are the employer, you should turn this over to your comp insurer and let them handle it.
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