What Happens When a Maryland Employer Doesn’t Have Workers’ Compensation Insurance?

Nearly all Maryland employers are required by law to carry workers’ compensation insurance to cover employees’ medical treatment and wage losses after a workplace injury. But what happens if your employer was supposed to purchase workers’ comp coverage and didn’t? Maryland law may still offer you a path to benefits. If you’re dealing with an uninsured employer workers’ comp case, here are specific steps you can take to protect your claim.

What If Your Employer Doesn’t Have Workers’ Comp Insurance in Maryland?

Most Maryland employers with one or more employees have a general obligation to carry workers’ compensation insurance. If your employer doesn’t, you may still have some options, even if they suggest there’s no coverage available. Just because your employer is uninsured doesn’t automatically erase your right to seek benefits. However, it does change how your claim moves forward and who may be responsible for paying the benefits you’re entitled to.

Can You Still Get Workers’ Compensation Benefits?

You may still qualify for benefits after a workplace injury, even if your employer failed to maintain the required coverage. Maryland has procedures for claims involving uninsured employers, but the burden is on you as the injured worker to show that your injury happened in the course of your employment and that the benefits you’re requesting are covered.

What Is the Maryland Uninsured Employers’ Fund (UEF)?

The Maryland Uninsured Employers’ Fund (UEF) may pay workers’ compensation benefits when an injured employee’s employer lacked required coverage. The existence of the UEF doesn’t absolve the employer from its legal responsibility. Still, it can provide a way for eligible workers to pursue benefits while the state addresses the employer’s failure to carry insurance.

If your employer doesn’t have workers’ comp insurance, it’s important to note that the process of pursuing a claim through the UEF requires more paperwork and scrutiny than the standard workers’ comp claim process.

What Injured Employees Should Do Next

The key difference between the UEF process and the regular workers’ comp process is that the UEF path requires some extra review. Here’s what to do after a workplace accident:

• Report the injury to your employer as soon as possible.
• Get medical treatment and explain that the injury happened at work.
• File a claim with the Maryland Workers’ Compensation Commission.
• Cooperate with any requests from the Maryland Uninsured Employers’ Fund.
• Provide records showing your employment, injury, wages, and medical treatment.
• Attend any required hearings.
• Request payment from the UEF if an award is entered and your employer doesn’t pay.

Why You Need an Experienced Maryland Workers’ Compensation Attorney

The process of seeking benefits after a workplace injury can be complicated and time-consuming — and that can be even more true of UEF claims than typical workers’ compensation claims. Having a workers’ compensation attorney in your corner can take the pressure of building a strong case off your shoulders, as well as reduce the likelihood of making a mistake that could jeopardize your claim.

If you need help after a work injury, contact Trollinger Law LLC for guidance from an experienced workers’ comp lawyer in Maryland. With decades of combined experience serving injured workers in Southern and Central Maryland, our legal team can assist with every stage of the claims process while you recover.

Contact us today for a free consultation.