How Long Do I Have To File A Workers' Compensation Claim In Maryland?

The safest answer is as soon as possible. However, the exact answer depends on the type of injury or claim you are making. They are as follows:

• Accidental Injury -Technically, the answer is sixty days from the date of the accident. However, except for the extremely unusual incidence where your employer has been prejudiced by the delay, you really have two years from the date of the accident;
• Occupational Disease - Within two years of the date the employee knew or had reason to believe that he was suffering from an occupational disease that causes a disablement (usually this means that a doctor told you your condition is job related and you missed time from work);
• Hernia - Two years from when you were injured, but you must have notified your employer of the injury within thirty days of the injury;
• Death due to accidental injury - Eighteen months from the date of death;
• Death due to occupational disease - two years from the date of death.

If you do not come within these guidelines there are often ways to overcome the hurdle of the statutory deadlines. However, since the arguments are usually based on an interpretation of the conduct of the employer and or the knowledge of the employee, it is best to file within the deadlines instead of relying on legal arguments which are difficult and without guarantee of success!