Maryland Exclusion Template in PDF Open Editor

Maryland Exclusion Template in PDF

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.

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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.

Sample - Maryland Exclusion Form

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)

Document Data

Fact Detail
Governing Law Labor & Employment Article §9-206, Annotated Code of Maryland
Purpose of the Form Allows officers or members of certain business entities to elect exemption from workers' compensation insurance coverage
Submission Requirements The Exclusion Form must be signed and submitted to the Workers' Compensation Commission, a copy sent to the insurer, and a copy retained for personal records.
Verification By signing the Exclusion Form, each officer or member affirms under the penalties of perjudice that the information provided is true and accurate to the best of their knowledge.

How to Write Maryland Exclusion

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.

  1. Enter the full legal name of the company in the Company Name field.
  2. Provide the complete address of the company, including the street address, city, state, and ZIP code in the designated fields.
  3. Select the type of company by marking the appropriate checkbox. Options include Close Corporation, General Corporation, Farm Corporation, Professional Corporation, and Limited Liability Company.
  4. Write the name of your insurance company in the Insurance Company Name field.
  5. Record the date you notified your insurance company of this exclusion in the Date Insurance Company Notified field.
  6. For each officer or member electing exclusion, enter their typed name and title in the respective fields under the section titled Typed Name and Title of the Officer or Member Electing Exclusion.
  7. Next to the name and title, indicate the percentage of personal ownership for each officer or member.
  8. Each officer or member electing exclusion must sign in the designated signature field to affirm the exclusion request.
  9. Verify that all entered information is accurate and that all necessary parties have signed the document. Remember, by signing this form, each individual affirms under the penalty of perjury that the information provided is true and correct to the best of their knowledge, information, and belief.
  10. Submit the completed form to the Workers’ Compensation Commission. Be sure to also send a copy to the insurance company and keep a copy for your records.

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.

Understanding Maryland Exclusion

What is the purpose of the Maryland Exclusion Form?

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.

Who can file an Exclusion Form in Maryland?

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.

How does one file the Exclusion Form?

Filing the Exclusion Form involves a few steps:

  1. Completing the form with accurate information about the company, including company name, address, type of company, and insurance company name.
  2. Signing the form to affirm, under the penalties of perjury, that the information provided is true and correct to the best of the signer's knowledge.
  3. Submitting the completed form to the Workers' Compensation Commission, providing a copy to the insurer of the company/corporation, and retaining a copy for personal records.
It’s important to ensure that the form is filled out completely and accurately to avoid any potential issues.

What are the implications of signing the Exclusion Form?

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.

Can a decision to exclude be reversed?

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.

Common mistakes

When completing the Maryland Workers' Compensation Commission Exclusion Form, individuals frequently commit errors that can lead to delays, misunderstandings, or rejection of their application. Identifying and avoiding these common mistakes is crucial for a smooth process.
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. Leaving the ownership percentage blank or inaccurately reporting it. The percentage of ownership could affect eligibility for exclusion under certain circumstances.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

Documents used along the form

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.

  1. Certificate of Insurance: Provides proof of the company's current workers' compensation insurance policy, ensuring compliance with state laws for employees not electing exclusion.
  2. Business Entity Formation Documents: Includes articles of incorporation, articles of organization, or similar documents that verify the entity's legal formation and status within the state of Maryland.
  3. Operating Agreement or Bylaws: For LLCs or corporations respectively, these documents outline the operational guidelines, member duties, and the framework within which decisions, including those about workers' compensation exclusion, are made.
  4. Ownership Percentage Documentation: Verifies the percentage of ownership each officer or member has in the entity, supporting their eligibility for exclusion under the state guidelines.
  5. Notice of Election to Exclude: A formal notification to the Maryland Workers' Compensation Commission and the insurance company that outlines who is electing exclusion and affirms understanding and acknowledgment of the implications.
  6. Proof of Notification to Insurance Company: Document or correspondence confirming that the insurance company has been informed of the election to exclude certain members or officers from coverage.
  7. Personal Identification: Required to verify the identity of those electing exclusion. This might include a driver’s license or state ID.
  8. IRS Form SS-4: The Application for Employer Identification Number (EIN), used to identify the company's tax account, is often required to link the entity’s legal and tax obligations.
  9. Confirmation Receipt: Evidence that the Workers’ Compensation Commission has received and filed the Exclusion Form, ensuring that the election is processed and recognized officially.
  10. Annual Report: Required for maintaining business compliance, this document may need to be updated to reflect the exclusion of certain members from workers' compensation coverage.

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.

Similar forms

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.

Dos and Don'ts

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:

  • Do ensure that you fully understand the implications of exempting yourself from workers' compensation insurance coverage. It means that in the event of a workplace injury, you may not be eligible for benefits typically provided under this insurance.
  • Do verify that you are indeed eligible to elect this exclusion. Not all members or officers of a company may qualify according to Maryland law.
  • Do fill out all the required fields in the form accurately. This includes the company name, address, type of company, insurance company name, and the date the insurance company was notified.
  • Do sign the form and ensure other relevant officers or members do so as well if they are also electing exclusion. Their signatures affirm that the information provided is accurate to the best of their knowledge.
  • Do keep a copy of the completed exclusion form for your records after submitting it to the Workers' Compensation Commission and your insurer. This is important for future reference.
  • Don't leave any sections of the form blank. Incomplete forms may not be processed, delaying your exemption or potentially leaving you without the intended coverage exemption.
  • Don't misrepresent any information on the form. Remember, signing the form under the penalties of perjury means you attest the information is true and correct. Providing false information can have legal consequences.

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.

Misconceptions

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:

  • The Exclusion Form is optional for all employees. This form is specifically designed for officers or members of certain types of business entities, such as corporations and limited liability companies, allowing them to opt out of workers' compensation insurance coverage. It is not intended for general employees.
  • Any business can elect to be exempt. Only specific types of companies, including close corporations, general corporations, farm corporations, professional corporations, and limited liability companies, are eligible to file this exemption.
  • The form does not require notification to the insurance company. A crucial step in this process involves submitting a copy of the signed form to the company's workers' compensation insurance carrier. This ensures that the insurer is aware of the exemption.
  • Filing the form negates all workers' compensation benefits. Electing to file an Exclusion Form means that the individual officer or member opts out of workers' compensation insurance coverage. It doesn't affect the coverage of other employees who do not elect the exemption.
  • There’s no verification process for the information provided. By signing the form, each individual affirms under penalties of perjury that the information is true and correct. This adds a layer of legal responsibility to provide accurate information.
  • The form is a one-time submission. It's important to understand that any change in the company's structure, the insurance provider, or the individuals electing exclusion may require a new submission of the form.
  • Exclusion immediately takes effect upon submission. The effective date of exclusion depends on several factors, including the processing time by the Workers’ Compensation Commission and the insurance carrier being notified.
  • All officers or members must elect exclusion. The decision to opt out of coverage using the Exclusion Form is an individual choice. Not all officers or members of an eligible company need to elect exclusion for it to be valid for those who do.
  • The form applies nationwide. This Exclusion Form is specific to Maryland, pursuant to Labor & Employment Article §9-206, Annotated Code of Maryland. Each state has its own regulations and forms for workers' compensation coverage and exemption.
  • Submitting the form is the end of the process. After submitting the form, it's essential to keep a copy for your records, notify the insurance company, and ensure that all parties are aware of the exclusion's implications on coverage.

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.

Key takeaways

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:

  • The Exclusion Form allows officers or members of qualifying businesses in Maryland to formally elect not to participate in workers' compensation insurance coverage. It's a legal document that must be filled out with care.
  • Before submitting the form, one must clearly understand the eligibility criteria as outlined in the Labor & Employment Article §9-206, Annotated Code of Maryland. Not all officers or members may qualify for exclusion, depending on their role and the nature of the business entity.
  • Completing the form requires providing detailed information about the company, including its name, address, type of company (such as Close Corporation, General Corporation, etc.), and the insurance company's name.
  • The officer or member electing exclusion must provide their typed name and title, percentage of personal ownership, and signature on the form. This affirms their decision to opt out of workers' compensation coverage.
  • It's crucial to distribute copies of the filled form correctly: One goes to the Workers’ Compensation Commission, another to the insurer of the company, and the officer or member should retain a copy for their records. Proper documentation is essential for compliance and future reference.
  • Signing the Exclusion Form carries legal implications, including affirming, under the penalties of perjury, that the information provided is true and accurate to the best of the signee’s knowledge. It underscores the importance of honesty and accuracy in completing the form.

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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