WORKERS COMP NOTICES- Maryland Workmans Comp
Forms and Notices in Maryland workers Compensation cases are common
THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH ANY WORKERS COMPENSATION INSURER. FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND. Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written. This information and does not create an attorney to client representation.
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This page does not:
discuss giving an employer proper notice that an injury has occurred. An employee is required to notify their employer of any injury at work. Failure to timely notify an employer of the work accident could lead to the case being lost. For further discussion about providing proper and timely notice to an employer see Workers Compensation- Notice to Employer
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Workers Compensation Notices
I received a notice in the mail that issues have been filed in my workman’s comp case.
You have received a “Notice of Issues Filed.” This paper is generated and mailed by the Workers Compensation Commission. It indicates that either the insurance company has filed a form challenging or questioning some aspect of the case, or the injured party or their attorney has filed a form requesting the adjuster provide benefits or action of some sort. Subsequent to the Notice of Issues the injured worker will receive a “Hearing Notice.”
I received a notice of a hearing from the workers compensation commission. It states I must appear. Do I have to go?
You have received a “Hearing Notice” and you must attend. If you do not have a qualified Maryland workers compensation attorney now is the time to obtain one. The hearing is taking place because there is a dispute between the injured worker and the insurer. It will be held at one of the Workers Compensation Commission locations which can be found on their website. For all intents and purposes the Commissioners are the Judges of workers comp cases. If you do not recall filing a claim with the Maryland Workers Compensation Commission then someone has done this on your behalf.
I received an award in the mail from the workers compensation commission.
If you recently attended a hearing than the award is the results of the hearing. If you have not attended a hearing then you may have received a “Award of Compensation and Average Weekly Wage.” This is referred to among attorneys as the auto award because it is automatically generated at the commission once the consideration date has passed. At one point in the history of Maryland Laws this form had more meaning however at this time it can be considered a formality and should not be over analyzed by the injured worker. Argument is often made that once this form is issued workman’s comp no longer has the ability to challenge whether the accident occurred and is compensable under Maryland law. (Consult a workers comp Attorney for further explanation).
The auto award indicates that I should be getting paid weekly and I am not getting paid
Again, this does not really mean very much under Maryland workman’s compensation laws. An injured worker is only entitled to be paid if they are being held out of work by a doctor, for a certain period of time. Even if this is the case the workman’s comp adjuster can potentially not issue payments. What is also sometimes inaccurate is the rate of pay the auto award has listed. This rate of pay is subject to verification by all parties and is only applicable after an actual hearing takes place before the Maryland workers compensation.
Notice of Employee’s Claim
The notice, also referred to as the C-30, is provided by the workers comp commission and contains all the information that the injured worker placed on their claim form and also names the insurance company for the employer. This notice will go to all parties and lets them know that the claim as been filed. Following the C-30 will be a form to the insurance company providing them an opportunity to challenge the case.
Insurers Termination of Temporary Total Disability Benefits
The insurance company has stopped paying the lost wages that you have been receiving. If you are unable to return to work at this time contact an aggressive work comp attorney now. There are a number of reasons why the adjuster may have terminated benefits. On this notice you will see some of those reasons such as:
1.You have returned to work-
2.There is no medical evidence or documentation to support continuing payment-
If this box is checked then the adjuster has most likely not received an updated out of work slip. In order to be entitled to lost wages/temporary total benefits you will need a doctors note.
3.You failed to keep the medical appointment-
If you recently missed a doctors appointment then the adjuster caught wind of this and has terminated your workers comp checks. This can be an indication that the adjuster is going to start fighting your claim and it is a good time to retain an attorney if you have not already retained one.
4.You have reached maximum medical improvement–
In most cases this comes after the injured employee has been subject to an Independent Medical Evaluation (IME), or often the adjuster will refer to this appointment as a “second opinion.” The IME doctor gave the adjuster exactly what she wanted and that is an opinion that you do not require any more treatment and are able to perform all of your job duties on a full time basis with no restrictions.
If the injured worker was not seen by an IME doctor then he or she may have been released at maximum medical improvement by their treating physician.
Workers Compensation Forms
Below is a description of the two most common forms used in any given workers compensation case. In addition these two forms, the Claim Form and the Issues Form are likely the most important for the injured worker. To see additional Forms go here
Workers Compensation Claim Form
It is extremely important to make sure the correct workers comp claim form was filed with the Commission otherwise the Statute of Limitations may run and the injured worker could lose very valuable benefits. With only a few exceptions, the first workers comp form that is filed is the claim form. This is the document that the injured worker will file to begin the process with the Workers Compensation Commission. NOTE: you may be under the impression that you have filed a claim with workers comp when in actuality, the claim was only filed with the insurance company or agent.
If you think you have filed a Claim Form but are not sure take a look at the link below and ensure this is the form you have filed. If you are starting a claim the workers comp form is the one that you should submit to the Workers Compensation Commission.
Once the injured worker PROPERLY fills out this form and properly files it with the Commission they will have five years to recover money. Directions can be found on the workers compensation website.
The Workers Comp Claim Form (Front Side of workers comp form)
The Workers Comp Claim Form (Back side of workers comp form)
The Issues Workers Comp Form
The second most common workers comp form an injured worker may file is referred to as the Issues Form. It is often used by the injured worker to request past and future lost wages, medical treatment, job training, payment of medical bills, or any other number of issues. This form can be used by both the injured worker and the insurance company to request a hearing on any number of different problems in the claim. The insurance company may use it to challenge the case on for lack of jurisdiction, accidental injury, causal relationship, or reasonable, necessary and causally related medical treatment.
Once the workers comp Claim Form is filed and the Consideration Date (see definitions) has passed the injured worker can file the Issues Form to request a hearing on any particular relevant issues that may have arisen.
To view an Issues Workers Comp Form go here.
The workers compensation process can be quite confusion to most. If you have received some of the above notices then you may be in need of assistance. If you need assistance in properly filing these forms then you should consult an attorney.
For a free consultation call workers compensation and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or Fill out the Form below!
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Andrew M. Rodabaug, Maryland workers compensation attorney and personal injury attorney does not provide legal advise through this website on any of its pages or posts. The information contained therein is for informational purposes only. For legal advise Workers compensation attorney must be consulted in person.
