The Maryland Exclusion Form is a document allowing officers or members of certain business entities to opt out of workers' compensation insurance coverage in accordance with Labor & Employment Article §9-206, Annotated Code of Maryland. To be valid, the individual must sign and submit the form to the Workers’ Compensation Commission, alongside sending a copy to the company's insurer and retaining a copy for personal records. This choice, signified by the completion and submission of this form, marks a significant decision regarding an officer's or member's rights and obligations under Maryland law.
To ensure your rights are protected and to understand the implications of opting out, consider filling out the Maryland Exclusion Form by clicking the button below.
In Maryland, officers or members of certain business entities are granted the option to opt-out of workers' compensation insurance coverage, a decision that can have significant financial and legal implications. This choice is facilitated by the Maryland Workers' Compensation Commission Exclusion Form, as outlined in the Labor & Employment Article §9-206 of the Annotated Code of Maryland. The process necessitates the individual seeking exclusion to complete and sign the form, submit it to the Workers’ Compensation Commission, provide a copy to the insurer covering the company or corporation, and retain a copy for personal records. This form not only asks for basic company information, such as the name, address, and type of company but also requires detailed information about the officer or member choosing exclusion, including their percentage of personal ownership and a signature that attests to the truthfulness of the provided information under the penalties of perjury. This exclusion form embodies a critical legal decision, underscoring the need for thoughtful consideration by business officers and members regarding their personal risks and responsibilities versus the protection provided by workers' compensation insurance.
WORKERS’ COMPENSATION COMMISSION
EXCLUSION FORM
INSTRUCTIONS: Pursuant to Labor & Employment Article §9-206, Annotated Code of Maryland, officers or members of certain business entities may elect to be exempt from workers' compensation insurance coverage by filing this Exclusion Form with the Commission. To exercise this option, the officer or member making the election must sign this document, submit the form to the Workers’ Compensation Commission, a copy to the insurer of the company/corporation, and keep a copy for your files.
Company Name: ______________________________________________________________________
Address: ____________________________________________________________________________
City: _____________________
State: ___________
ZIP _______________________
Type of Company:
___ Close Corporation
___ General Corporation
___ Farm Corporation
___ Professional Corporation
___ Limited Liability Company
Insurance Company Name: _____________________________________________________________
Date Insurance Company Notified:_________________
Typed Name and Title of the Officer
% of
Personal
or Member Electing Exclusion
Ownership
Signature
____________________________________
________
___________________
NOTE: By signing this Exclusion Form, each officer or member affirms under the penalties of perjury that the information contained in this form is true and correct as to that officer or member, to the best of the officer’s or member’s knowledge, information, and belief.
10 East Baltimore Street Baltimore, Maryland 21202-1641
Form IC-16 (09/2019)
After completing the Maryland Exclusion Form, officers or members of certain business entities can elect to exempt themselves from workers' compensation insurance coverage. This decision requires careful completion and submission of the form to ensure that the election is properly documented and legally valid. Follow these steps meticulously to fill out the form correctly and to ensure that your election is processed smoothly.
Once the Maryland Exclusion Form is submitted, the Commission will review the documentation. If everything is in order, the exclusion will be processed, effectively removing the elected officers or members from the workers' compensation insurance coverage as per their request. It's important to ensure the accuracy and truthfulness of the information provided to avoid any legal issues that may arise from incorrect or fraudulent claims.
The Maryland Exclusion Form allows certain officers or members of business entities to opt out of workers' compensation insurance coverage. This is in accordance with the Labor & Employment Article §9-206 of the Annotated Code of Maryland. By completing and filing this form, individuals elect to not receive workers' compensation benefits in case they are injured on the job.
Officers or members of specific types of business entities such as close corporations, general corporations, farm corporations, professional corporations, and limited liability companies (LLCs) have the option to file an Exclusion Form. This option is not available to all employees of a company, but specifically to those in an ownership role or a position that allows them to make a decision about workers' compensation coverage on their behalf.
Filing the Exclusion Form involves a few steps:
By signing the Exclusion Form, an officer or member chooses to waive their right to workers' compensation benefits, which typically cover medical expenses and wage replacement in the event of a work-related injury. This means that in the event they are injured while performing job duties, they would not be eligible to receive these benefits from their company’s workers' compensation insurance.
It's possible to reverse the decision to exclude oneself from workers' compensation coverage. However, the process for doing this can vary and might involve submitting additional documentation to the Workers' Compensation Commission and notifying the insurance company of the change. Businesses and individuals should consult with a legal professional or the Workers’ Compensation Commission directly for guidance on how to reinstate coverage.
Failing to properly identify the type of company structure (e.g., Close Corporation, General Corporation, etc.) can lead to incorrect processing of the form. This classification influences eligibility and requirements.
Not providing the complete and correct company name and address. Inaccurate or incomplete information can result in processing delays or the inability of the Commission to contact the company for clarification or further documents.
Omitting the insurance company name or providing an incorrect name. Since the form must be submitted to both the Commission and the insurer, this mistake can invalidate the exemption process.
Forgetting to include the date the insurance company was notified about the exclusion. This date is crucial for record-keeping and to ensure compliance with notification requirements.
Leaving the ownership percentage blank or inaccurately reporting it. The percentage of ownership could affect eligibility for exclusion under certain circumstances.
Incorrectly or not fully signing the document. Each officer or member electing exclusion must sign the form, and their signature must match official records for verification purposes.
Submitting outdated contact information. If the contact details are not current, it may prevent the Commission or the insurance company from reaching out for additional information or to convey their decision.
Not making or keeping copies of the submitted form for personal records. Retaining a copy is necessary for future reference, or if a dispute arises regarding the exclusion request.
Assuming the form is a one-time requirement and not realizing it may need to be filed annually or upon any change in the company's or officers' status. This oversight can lead to unintended lapses in exclusion status.
Underestimating the importance of affirming the accuracy of the information under penalty of perjury. This legal affirmation confirms the veracity of the submitted data and its complacency with Maryland law. Misrepresentations can lead to penalties or legal consequences.
Correctly completing the Maryland Workers' Compensation Commission Exclusion Form is a straightforward process if attention is paid to details. By avoiding these common errors, officers and members can ensure their election to be exempt from workers' compensation insurance coverage is processed efficiently and effectively.
The Maryland Exclusion Form is a critical document for certain business entities in Maryland, allowing officers or members to opt out of workers' compensation insurance coverage. This decision is significant and often requires careful consideration and additional documentation to ensure compliance and informed decision-making. Alongside the Exclusion Form, several other forms and documents are commonly used to manage and complement the process. Below is a detailed list of such documents.
Understanding and preparing these documents in conjunction with the Maryland Exclusion Form can facilitate a smoother process and ensure all legal and procedural requirements are met. It's essential for businesses to consider the implications, benefits, and responsibilities associated with electing an exclusion from workers' compensation insurance. Proper documentation not only supports this decision but also helps maintain compliance with Maryland state laws and regulations.
The Maryland Exclusion form is similar to other documents that are utilized in various jurisdictions for the purpose of allowing officials or members of a business entity to opt out of certain compulsory requirements, typically linked to insurance or benefits coverage. Each of these documents, while tailored to the specific regulations and needs of their jurisdiction, shares fundamental features with the Maryland Exclusion form, such as the provision for an opt-out mechanism for specified individuals, mandatory submission processes, and legal attestations of the accuracy of the information provided.
The Texas Waiver of Workers’ Compensation Insurance Coverage bears resemblance to Maryland's Exclusion Form in its core function, which is to allow eligible parties within a company to formally reject workers' compensation coverage. Similarities include the requirement for signed attestations by the individuals seeking exemption, the necessity to notify the relevant workers' compensation board as well as insurance carriers, and maintaining a copy for company records. Additionally, both forms necessitate detailed information about the company, including names, addresses, and the nature of the business entity, underscored by a legal declaration of the truthfulness and accuracy of the information provided.
The California Declaration of Exemption from Workers’ Compensation is another document whose features mirror those of the Maryland Exclusion Form, especially in its aim to delineate a pathway for certain individuals to declare their exemption from the state's workers' compensation insurance requirements. Like its Maryland counterpart, this California document mandates that individuals provide comprehensive details about their business, including type and contact information, alongside personal identification details. Furthermore, the California form, much like the Maryland one, emphasizes the legal implications of signing the document, including the acknowledgment of the signatory that he or she understands the ramifications of opting out of workers' compensation insurance coverage.
In essence, while each of these documents—Maryland's Exclusion Form, Texas's Waiver of Workers’ Compensation Insurance Coverage, and California's Declaration of Exemption from Workers’ Compensation—serves a similar purpose within its own legal and regulatory framework, they all meticulously define the procedure and requirements for exempting certain individuals from mandatory workers' compensation insurance. This includes specifying the conditions under which the exemption is permitted, the process for application, and the legal responsibilities of the applicants, ensuring that the entities making these declarations are doing so with a full understanding of the implications.
When filling out the Maryland Exclusion Form, it's important to be accurate and thorough to ensure that you properly communicate your intention to be exempt from workers' compensation insurance coverage. Here are some dos and don'ts to guide you through the process:
By following these guidelines, you can ensure that your Maryland Exclusion Form is properly completed and submitted, which will help facilitate your exemption from workers' compensation insurance coverage as per your intent.
There are a number of misconceptions about the Maryland Exclusion Form which can lead to confusion or misinterpretation among officers and members of business entities. Here, some of the most common misunderstandings are clarified:
Understanding these nuances about the Maryland Exclusion Form is crucial for officers and members of business entities considering opting out of workers' compensation insurance coverage. Proper adherence to the submission process and requirements helps ensure that the election to exclude is valid and recognized by the Maryland Workers’ Compensation Commission and the respective insurance carrier.
Filling out and utilizing the Maryland Exclusion Form is an important process for officers or members of certain business entities who wish to opt out of workers' compensation insurance coverage. Here are six key takeaways to keep in mind:
By understanding and meticulously following these guidelines, officers or members can correctly navigate the process of excluding themselves from workers' compensation insurance coverage, aligning with Maryland's legal framework.
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