Legal Question in Workers Comp in Maryland

I was newly hired, three days on the job and slipped and fall injury occurred in 2008. the injury was taped by security camera. Filed injury report with employer. Injury to back, righ hip and right foot. Got treated through employers' physician. returned to work same day with limited duties. Last date for treatment was under pain management, injection in my back, on january 2, 2010. Medical bills paid.

In October 2009, I asked a lawyer to file a WC claim, which apparently never did within the Maryland SOL. I personally filed a WC claim in April 2011. I have a hearing date on the 27th. this month.

The Lawyer of the Insurance co. is workng hard to have my claim denied due to the SOL. I know there are exceptions where WC SOL can be extended but I am not sure if it applies to Maryland. I have spoken to many lawyers all refused to take the case for letting the SOL lapse. What can I do to win my case on the 27th. ?Can I sue employer if WC denies my claim?


Asked on 6/10/11, 11:31 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Unfortunately, the law requires that a workers' comp claim must be filed within 2 years of the date of injury. The only exception is if you could somehow establish that the workers' compensation insurer did or told you something that led you to believe that you didn't need to file a claim. Since you hired a lawyer to file a claim in '09, you wouldn't be able to rely on this exception. And you can't sue your employer either. However, you might have a good malpractice case against the lawyer if he/she agreed to file a claim and failed to do so on time. You didn't really indicate what you are filing for; perhaps your doctor has given you a permanent disability rating or you're being denied additional medical treatment after1/10.

Read more
Answered on 6/13/11, 7:30 am
Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

If you missed more than 3 days from work due to injuries sustained in a Maryland work related accident than your employer is required to file an "Employer's Report of Accident" with the Maryland Workers Compensation Commission. If your employer fails to file this form, the 2 year limitation on your filing of an "Employee's Claim Form" is tolled until he does so. So limitations may not apply in your case.

Feel free to call me to discuss your case further. 301-220-2200

Walter E Laake Jr.

Read more
Answered on 6/13/11, 10:31 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Maryland