The failure of a claimant to file a correct claim within the statute of limitations in a workers compensation case in Maryland or in the District of Columbia is potentially a complete bar to recovery. This complete bar to recovery can occur if the claimant did not comply with and file a correct claim within the statute of limitations. Each class of injury has different statute of limitations that will apply. Claimant’s filing a claim without the assistance of counsel should ensure that they have all the correct information on the claim form.
Maryland CasesIn an accidental injury case, the injured worker should file a claim application with the Maryland Workers Compensation Commission within 60 days of the date of the accidental injury. The forms for filing must be completed properly and include the medical release. The failure of a claimant to file within 60 days can be excused by the Commission if the Commission finds that the employer was not prejudiced by the late filing. The claim must be filed no later than two years after the accidental injury.
If the claim is for ionizing radiation, the covered employee shall file a claim within 2 years after the date of disablement or the date the covered employee knew that the disablement was due to ionizing radiation.
There are some circumstances where a claim can be brought after the statute of limitations. If the employer fails to file a first report of injury and the employer is aware of the injury, the time prescribed by the statute for filing the claim can be tolled.
In a death case due to an accidental personal injury, a claim shall be filed within 18 months of the date of death. The claim form must be completed properly and include the medical release.
In a case where the dependents claim death benefits from an accidental injury, the employee must die within 7 years as a result of the injury. Assuming that the employee dies within the 7 year time frame, a claim must be filed with the Maryland Workers Compensation Commission within 18 months of the date of the death. The death claim form must be accompanied by a death certificate, marriage certificate, any proof of dependency and medical documentation to document the death.
In an occupational disease case for disablement or death, the covered employee or the dependents of the covered employee shall file a claim application within 2 years after the date of disablement or death or when the party had actual knowledge of the nexus between the workplace and the disease. This statute of limitations is extended to three years for cases of pulmonary dust disease. The claim application must be completed properly and include a medical release.
District of Columbia CasesA claim for disability or death shall be filed within 1 year of the death or disability. If voluntary payments are made without an award, the statute of limitations will be extended for the claimant to file a claim within 1 year after the date of the last payment of compensation.