Q: If the 5 yr statute passes and your employer hasnt made payments for lost wages but has been ordered to does case close?
I Have an order for lost wages from commission however its been over a month since decision and insurance company still wont pay, did not appeal and is virtually ignoring the claim for workers comp. They did not even send a defense attorney to the hearing in front of the commission.It will be 5 yrs since accident in nov. So with an order but without payment does statute still stand?
A: The five-year limitation would apply to a modification of an initial order, rgenerally. Insofar as the commission apparently entered in order within that 5 year time frame, this would not appear to be an issue. I would suggest that you immediately consult with an experienced workers compensation lawyer in Baltimore.
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A: It is important to get a check in hand as soon as possible as the limitations period could potentially still run. Get an attorney experienced in workers comp asap. The insurance carrier will have to pay within 15 days or be subject to "up to 20% in penalties. If not paid in 30 days then penalties upto 40%. It is best to obtain counsel for a workers comp case as there are numerous rights that need to be explained and possibly explored. I wish you well and good luck.
1 user found this answer helpful
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