Understanding Maryland Workers' Compensation Consideration Dates

What a Consideration Date Means in Maryland Workers' Compensation

The consideration date is the day an employer receives a written notice of an employee's injury or illness. In Maryland, that date triggers the statutory timelines for filing a claim, notifying the insurer, and preserving the right to benefits. It is not the injury date itself, but the moment the employer is officially put on notice, and all subsequent deadlines are measured from it.

Key Deadlines Tied to the Consideration Date

Once the consideration date is established, Maryland law sets strict periods for each party:

• Employer must report the injury to its workers' compensation insurer within 5 days.
• Employee must file a claim with the Maryland Workers' Compensation Commission (MWCC) within 1 year of the consideration date.
• Employer may request a "notice of claim" from the employee within 30 days of the consideration date to confirm coverage.

How the Date Is Determined

Maryland courts look at the actual delivery of the notice—hand‑delivered, mailed, or emailed with proof of receipt. If the employee sends the notice by certified mail, the consideration date is the date the carrier records delivery. For electronic submissions, a read‑receipt or a timestamp from the employer's system can serve as proof.

Consequences of Missing the Deadline

Failure to file within the one‑year window generally bars the employee from receiving benefits, unless a court finds extraordinary circumstances such as fraud, misrepresentation, or a serious health condition that prevented timely filing. Employers who miss the 5‑day reporting requirement risk penalties, including fines and possible liability for delayed benefits.

Practical Steps for Employers and Employees

Both parties should keep meticulous records of all communications. Employees should send the notice via a trackable method and retain the receipt. Employers should log the receipt date in their incident‑reporting system and immediately notify their insurer.

Comparison of Maryland Deadlines with Neighboring States