Contrary to common belief, if you do not notify your Maryland employer of an accident the same day, in 24hours, 10 days, 30 days or more, You likely still qualify for workers compensation benefits!
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Maryland law states that an injured worker must notify an employer of a work accident within 10 days BUT
There is an exception that can be argued, and is often successfully argued by a qualified and experienced attorney. The exception to the rule is found in § 9-706 of the labor and employment article.
1.If the injured Maryland worker had sufficient reason for the failure to give notice within the 10 days or 2.The employer or insurer has not been prejudiced by the failure to give timely notice.
Sufficient reason has been characterized by the Maryland Court of Appeals as blameless ignorance: A worker did not know the injury was work related until years later when a diagnosis was issued relating the injury to work.
The employer must show that they have been prejudiced by the failure to give notice. This is a fairly difficult burden of proof which should be analyzed on a case by case basis. The employer must show that the failure to timely report the accident in some way harmed their rights or legal interests. The prejudice can not be one of hypothetical orientation but must have caused actual damage to their legal interests.
If it has been 10 days, 20 days, 100 days or more since the work accident in Maryland do not hesitate to contact Attorney Andrew M. Rodabaugh.
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Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers content about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided.