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The Maryland Exclusion Form is a crucial document for certain business entities that wish to opt out of mandatory workers' compensation insurance coverage. Under Maryland law, specifically Labor & Employment Article §9-206, officers or members of select business types can choose to be exempt from this insurance requirement. To initiate this process, the individual making the election must complete the Exclusion Form and submit it to the Workers’ Compensation Commission. This form not only requires the signature of the officer or member opting for exclusion but also demands a copy be sent to the company’s insurance provider, while the individual retains a copy for personal records. The form captures essential details such as the company name, address, and type—whether it’s a close corporation, general corporation, farm corporation, professional corporation, or limited liability company. Additionally, it requires the insurance company’s name and the date when the insurer was notified. By signing the form, each officer or member asserts that the information provided is accurate to the best of their knowledge, thereby affirming their commitment to the truthfulness of the declaration under penalty of perjury. This form serves as a formal declaration of intent and helps clarify the responsibilities and rights of the business entities involved.

Maryland Exclusion Example

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)

File Breakdown

Fact Name Details
Governing Law This form is governed by Labor & Employment Article §9-206 of the Annotated Code of Maryland.
Eligibility Officers or members of certain business entities can elect to be exempt from workers' compensation coverage.
Submission Requirements The completed form must be submitted to the Workers’ Compensation Commission and a copy sent to the company’s insurer.
Record Keeping It is essential for the officer or member to keep a copy of the Exclusion Form for their records.
Affirmation of Truth By signing the form, the officer or member affirms that the information provided is true and correct to the best of their knowledge.

Guide to Using Maryland Exclusion

Filling out the Maryland Exclusion form is a straightforward process. After completing the form, you will need to submit it to the Workers’ Compensation Commission and notify your insurance company. Keeping a copy for your records is also important.

  1. Begin by entering the Company Name at the top of the form.
  2. Fill in the Address of the company, including the street address, city, state, and ZIP code.
  3. Select the Type of Company by checking one of the options: Close Corporation, General Corporation, Farm Corporation, Professional Corporation, or Limited Liability Company.
  4. Provide the Insurance Company Name that covers your business.
  5. Indicate the Date Insurance Company Notified of your decision to exclude coverage.
  6. Type the Name and Title of the officer or member electing exclusion.
  7. In the section for Ownership Percentage, enter the percentage of ownership for the officer or member.
  8. Each officer or member must sign the form in the designated Signature area.

After completing these steps, submit the form to the Workers’ Compensation Commission and send a copy to your insurance company. Retain a copy for your records to ensure you have proof of the submission.

Get Answers on Maryland Exclusion

What is the Maryland Exclusion Form?

The Maryland Exclusion Form allows certain business entity officers or members to opt out of workers' compensation insurance coverage. This is governed by Labor & Employment Article §9-206 of the Annotated Code of Maryland. By filing this form, individuals can choose not to be covered under their company's workers' compensation policy.

Who can use the Maryland Exclusion Form?

Only officers or members of specific business entities can elect to use this form. These entities include:

  • Close Corporations
  • General Corporations
  • Farm Corporations
  • Professional Corporations
  • Limited Liability Companies (LLCs)

It’s important for the individual making the election to ensure they meet the criteria outlined in the law.

What steps are involved in submitting the Maryland Exclusion Form?

To properly submit the Maryland Exclusion Form, follow these steps:

  1. Complete the form with the required company and personal information.
  2. Sign the form to affirm that the information is true and correct.
  3. Submit the completed form to the Workers’ Compensation Commission.
  4. Send a copy of the form to your company's insurance provider.
  5. Keep a copy for your own records.

Make sure to notify your insurance company of your decision on the same day you submit the form to the Commission.

What are the consequences of filing the Maryland Exclusion Form?

By filing this form, an officer or member will not be covered by the company's workers' compensation insurance. This means that if they are injured while working, they may not be able to receive benefits that would typically be available under the workers' compensation system. It is crucial to understand the risks involved in opting out, as well as the potential financial implications of being uninsured for workplace injuries.

Common mistakes

Filling out the Maryland Exclusion form can seem straightforward, but many people make common mistakes that can lead to complications. One frequent error is failing to provide complete information about the company. This includes not filling out the company name, address, and type of business accurately. Incomplete information can delay the processing of the form and may even result in rejection.

Another common mistake is neglecting to notify the insurance company. The instructions clearly state that a copy of the form must be sent to the insurer. If this step is overlooked, the insurance company may not be aware of the exclusion, which could lead to issues if a claim arises. Always ensure that you have documented proof of notification to the insurance provider.

People also often forget to keep a copy of the form for their records. It’s essential to retain a copy for personal files, as this can serve as proof of the exclusion should any questions or disputes arise in the future. Without a copy, individuals may find themselves at a disadvantage if they need to reference the form later on.

Another mistake is not having the right individuals sign the form. Only the officers or members electing exclusion should sign. If someone else signs, it could invalidate the form. Each signature must match the typed name and title to ensure clarity and legitimacy.

Lastly, individuals sometimes overlook the importance of the affirmation statement included in the form. By signing, each officer or member affirms that the information is accurate to the best of their knowledge. Misrepresenting information, even unintentionally, can lead to severe penalties. Therefore, it’s crucial to double-check all entries for accuracy before submitting the form.

Documents used along the form

The Maryland Exclusion form is an important document for certain business entities seeking to opt out of workers' compensation coverage. However, there are several other forms and documents that are often used in conjunction with this form. Below is a list of these documents, along with brief descriptions of each.

  • Workers’ Compensation Insurance Policy: This document outlines the coverage terms, conditions, and exclusions of the workers' compensation insurance purchased by a business.
  • Certificate of Insurance: Issued by the insurance company, this certificate serves as proof of coverage and includes details such as policy limits and effective dates.
  • Employer’s Report of Injury: This form is used to report any work-related injuries to the insurance company and the Workers’ Compensation Commission, ensuring compliance with reporting requirements.
  • Claim Form (WC-1): This is the initial form filed by an employee to initiate a workers' compensation claim after sustaining an injury or illness related to their job.
  • Employer’s First Report of Injury: Similar to the Employer’s Report of Injury, this document provides detailed information about the incident and is submitted to the Workers’ Compensation Commission.
  • Notice of Injury: This form notifies the employer of an employee's injury and is typically required to be submitted within a specific timeframe after the incident occurs.
  • Return to Work Form: This document is used when an employee is ready to return to work after an injury, providing necessary medical clearance and details about work restrictions, if any.
  • Medical Authorization Form: This form allows the insurance company to obtain medical records related to an employee’s injury, facilitating the claims process.
  • Subrogation Agreement: If another party is responsible for an employee's injury, this agreement allows the employer's insurance company to seek reimbursement from that party.

Understanding these documents can help business owners navigate the complexities of workers' compensation and ensure compliance with Maryland regulations. Proper management of these forms is essential for protecting both employees and the business itself.

Similar forms

The Maryland Exclusion Form is similar to several other documents that serve specific purposes within business and employment contexts. Here are four such documents:

  • Workers' Compensation Waiver Form: This document allows employees to waive their rights to workers' compensation benefits. Like the Maryland Exclusion Form, it requires signatures and must be submitted to the appropriate authority.
  • Independent Contractor Agreement: This agreement outlines the terms of a working relationship between a business and an independent contractor. Similar to the Exclusion Form, it clarifies the status of the parties involved and can affect liability and insurance coverage.
  • Business Entity Registration Form: This form is used to officially register a business entity with the state. It shares similarities with the Exclusion Form in that both require detailed company information and signatures from authorized individuals.
  • Insurance Policy Exclusion Endorsement: This document outlines specific exclusions within an insurance policy. Like the Maryland Exclusion Form, it specifies what is not covered, requiring acknowledgment from the policyholder.

Dos and Don'ts

When filling out the Maryland Exclusion form, it’s important to ensure that everything is completed accurately. Here are some key dos and don’ts to keep in mind:

  • Do read the instructions carefully before starting.
  • Do ensure all required fields are filled out completely, including the company name and address.
  • Do sign the form before submitting it to the Workers’ Compensation Commission.
  • Do keep a copy of the completed form for your records.
  • Do notify your insurance company about the exclusion in a timely manner.
  • Don’t leave any fields blank; incomplete forms may be rejected.
  • Don’t forget to double-check the information for accuracy.
  • Don’t submit the form without your signature.
  • Don’t overlook the importance of notifying your insurer after filing.
  • Don’t assume that verbal communication with the Commission is sufficient; always submit the form in writing.

Misconceptions

The Maryland Exclusion form is often misunderstood. Below is a list of common misconceptions and clarifications regarding this form.

  • Only certain types of businesses can use the form. Many believe that only specific business entities qualify for the exclusion. However, any officer or member of a close corporation, general corporation, farm corporation, professional corporation, or limited liability company can elect to be exempt.
  • Filing the form is optional for all officers. Some think that all officers can choose whether to file the form. In reality, only those who wish to be excluded from workers' compensation coverage must file.
  • Once filed, the exclusion is permanent. It is a common belief that filing the form results in a lifetime exclusion. In fact, officers or members can revoke the exclusion at any time by notifying the Workers’ Compensation Commission.
  • The form does not require a signature. Some individuals assume that a signature is unnecessary. However, the form must be signed by the officer or member electing the exclusion to be valid.
  • Submitting the form is the only requirement. Many think that simply submitting the form is sufficient. In addition to filing it with the Commission, a copy must also be sent to the company's insurer.
  • Personal liability is eliminated with the exclusion. There is a misconception that signing the form protects officers from all personal liability. The exclusion only pertains to workers' compensation insurance and does not eliminate other forms of liability.
  • The form can be filed at any time. Some believe that there are no deadlines for filing the form. In truth, it should be filed promptly to ensure that the exclusion is effective for the intended coverage period.

Key takeaways

Key Takeaways on the Maryland Exclusion Form

  1. The Maryland Exclusion Form allows certain business officers or members to opt out of workers' compensation insurance coverage.
  2. To complete the process, the elected officer or member must sign the form and submit it to the Workers’ Compensation Commission.
  3. A copy of the form must also be sent to the company’s insurer, and the officer or member should retain a copy for personal records.
  4. All signatories affirm the accuracy of the information provided, acknowledging the penalties of perjury for false statements.