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The Maryland Exclusion Form serves as a critical tool for certain business officers and members who seek to exempt themselves from workers' compensation insurance coverage, a privilege outlined in Maryland's Labor & Employment Article §9-206. This provision allows individuals affiliated with specific business entities, such as close corporations, general corporations, or limited liability companies, to take proactive steps in managing their insurance needs. To initiate this exemption, the concerned officer or member must not only complete the form but also sign it, indicating their intention to opt-out. The procedure requires submission of the signed document to the Workers’ Compensation Commission, notification of the insurer, and retention of a copy for personal records. It’s essential to understand that by signing the form, an officer or member certifies the information is accurate and truthful, facing penalties for any inaccuracies. As this process carries significant implications, thorough attention to detail in completing the Exclusion Form is necessary for businesses looking to navigate their workers' compensation options effectively.

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)

Form Characteristics

Fact Name Details
Governing Law This form operates under the Labor & Employment Article §9-206, Annotated Code of Maryland.
Eligibility Officers or members of specific business entities can choose to exclude themselves from workers' compensation insurance.
Filing Requirement The Exclusion Form must be filed with the Workers’ Compensation Commission to be effective.
Notification A copy of the form must be submitted to the insurer of the company or corporation.
Record Keeping It is essential for the officer or member to retain a copy of the signed form for their own records.
Signature Requirement Each officer or member must sign the form to affirm the accuracy of the provided information.
Penalties False information on the form may lead to penalties under perjury laws in Maryland.

Guidelines on Utilizing Maryland Exclusion

After you complete the Maryland Exclusion form, you will need to submit it to the Workers’ Compensation Commission, inform your insurance company, and retain a copy for your records. Follow these steps to ensure the form is filled out correctly:

  1. Write the Company Name in the designated space.
  2. Fill in the Address of the company, including street, city, state, and ZIP code.
  3. Select the type of company by marking one of the following options: Close Corporation, General Corporation, Farm Corporation, Professional Corporation, or Limited Liability Company.
  4. Enter the Insurance Company Name for your business.
  5. Note the Date Insurance Company Notified in the provided space.
  6. Print your Typed Name and Title in the appropriate section.
  7. Each officer or member electing exclusion must provide their Signature and specify the % of Ownership next to their name.

What You Should Know About This Form

What is the purpose of 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 in accordance with the Labor & Employment Article §9-206 of the Annotated Code of Maryland. By completing and submitting this form, eligible participants affirm their choice to exclude themselves from the coverage required under state law.

Who is eligible to file the Maryland Exclusion Form?

Eligibility primarily includes officers or members of specific types of business entities, such as close corporations, general corporations, farm corporations, professional corporations, and limited liability companies (LLCs). The elected individuals must sign the form, indicating their intention to opt out of workers’ compensation coverage.

What steps should I follow to complete and submit the Maryland Exclusion Form?

First, fill out your company name, address, and type of company on the form. Next, the individual opting for exclusion must provide their name, title, and ownership percentage and sign the document. After signing, submit the completed form to the Workers’ Compensation Commission, send a copy to your insurance provider, and retain a copy for your records.

What are the consequences of filing the Maryland Exclusion Form?

Filing the form means that the individual is voluntarily removing themselves from workers' compensation insurance coverage. Consequently, they will not be eligible for benefits typically associated with such coverage in the event of a workplace injury. Participants affirm under penalties of perjury that the information is accurate, highlighting the importance of completeness and correctness of the details provided.

Where can I find more information about the Maryland Exclusion Form?

For additional information, individuals can consult the Maryland Workers’ Compensation Commission website or contact their office directly. Resources such as guidance documents, frequently asked questions, and contact information for assistance are generally available to help navigate the filing process.

Common mistakes

Filling out the Maryland Exclusion form can seem straightforward, but there are several common mistakes that individuals often make. Not providing the correct company name is a frequent error. Ensure that the name matches the official registration of your business, as any discrepancies could delay the processing of your application.

Another common mistake is leaving the address section incomplete. It’s essential to provide a full street address, including city, state, and ZIP code. Missing information may lead to confusion or problems in communication with the Workers’ Compensation Commission.

People often neglect to specify the type of company accurately. Selecting the wrong option from the list—such as indicating that your LLC is a close corporation—can result in improper processing. Review the options carefully to ensure the correct selection.

Some individuals forget to notify their insurer about the exclusion election. The section for documenting the date insurance companies were informed is crucial. Failure to complete this detail might raise questions later about compliance.

The signature field is sometimes overlooked. Each individual making the election must sign the form. Missing signatures will likely result in the form being returned, delaying the exclusion process.

Moreover, the typed name and title must match the signatory. This ensures that there is no ambiguity about who is making the election and their authority within the company. Any inconsistencies might lead to additional inquiries.

It also helps to keep a copy of the completed form for your records. Some individuals skip this step, which can lead to difficulties if there are any questions about the submitted information.

Additionally, ensuring that the information provided is accurate is vital. This document must be true and correct, as signing it affirms that you acknowledge its accuracy to the best of your knowledge. Misstatements can result in legal repercussions.

Finally, not following the submission guidelines could create issues as well. The form needs to be submitted to the Workers’ Compensation Commission, with a copy sent to the insurer. Double-check that all required parts are completed before sending it off.

Documents used along the form

When filing the Maryland Exclusion Form, there are several other important documents and forms that individuals and businesses may need. Each of these forms serves a distinct purpose in the workers’ compensation process and can help ensure that all necessary requirements are met.

  • Workers’ Compensation Insurance Policy: This document outlines the coverage provided to employees in the event of work-related injuries. It details the terms, conditions, and exclusions specific to the policy.
  • Notice of Election to Exclude: Similar to the Exclusion Form, this notice informs the Workers' Compensation Commission and other parties that a business is choosing to exclude certain members from insurance coverage.
  • Certificate of Insurance: Issued by the insurance provider, this certificate serves as proof of coverage and can be required for various legal and administrative purposes.
  • Workers’ Compensation Claim Form: This form is used to initiate a claim for benefits when an employee suffers an injury. It includes critical details about the incident and the injured party.
  • Affidavit of Exemption: This form is often required for those seeking to affirm their status as exempt from coverage under specific guidelines. It may provide additional clarification on the exemption status.
  • Notification of Claims Administrator: This document is sent to the claims administrator to inform them of any exclusions or changes in coverage related to workers’ compensation within the organization.

Understanding these forms and their purposes is essential for effective management of workers’ compensation matters. Having them on hand can streamline processes and ensure compliance with state regulations.

Similar forms

The Maryland Exclusion Form is specifically designed for certain officers or members of business entities who wish to opt out of workers' compensation insurance coverage. It often shares similarities with several other important legal documents. Below are eight such documents with explanations of how they are alike:

  • Insurance Waiver Form: Like the Maryland Exclusion Form, this document allows individuals to formally decline coverage options. It requires a signature to indicate informed consent and understanding of the risks involved.
  • Affidavit of Exemption: Both forms serve to declare one's intention to opt out of specific obligations. An affidavit may also require an affirmation of truthfulness under penalty of perjury, similar to the affirmation in the Maryland Exclusion Form.
  • Worker Classification Form: This document helps to classify an individual’s status regarding insurance coverage. Both forms emphasize the importance of defining roles and responsibilities within a business structure.
  • Independent Contractor Agreement: Like the Maryland Exclusion Form, this agreement clarifies the relationship between parties and outlines that certain individuals may not be covered under workers' compensation due to their independent status.
  • Consent to Treat Form: Similar to the Maryland Exclusion Form, this document involves obtaining consent from individuals to participate in specific types of care or coverage. Both require a careful review of the implications of such choices.
  • Corporate Bylaws: These govern the internal management of a corporation. While the Maryland Exclusion Form is specifically about insurance, it aligns with bylaws in that both outline provisions that can affect the rights and responsibilities of officers or members.
  • Limited Liability Company (LLC) Operating Agreement: This agreement defines the roles and responsibilities of members within an LLC. Similar to the Exclusion Form, it allows for certain expectations regarding coverage and liability among members.
  • Company Policy Manual: Both documents may include provisions related to compensation and coverage. A policy manual typically outlines company policies regarding insurance and exemptions while the Exclusion Form formalizes the request for exemption.

Each of these documents plays a crucial function in clarifying the relationship between individuals and their business structures, ensuring all parties understand their rights and responsibilities when it comes to coverage and liability.

Dos and Don'ts

When it comes to filling out the Maryland Exclusion Form, it’s crucial to understand what steps to take and what to avoid. This simple form allows certain officers or members of business entities to exempt themselves from workers' compensation insurance coverage. Here’s a helpful list of what you should and shouldn't do:

  • DO fill out the company name and address completely. This is essential for proper identification.
  • DO indicate the type of company accurately. Selecting the correct category helps avoid future confusion.
  • DO sign the document yourself. Authentic signatures lend credibility to your request.
  • DO notify your insurance company of the decision. It’s important they’re aware of your exemption.
  • DON'T leave any sections blank. Incomplete forms can lead to delays or rejection.
  • DON'T forget to keep a copy for your records. Documentation is key in case of any future inquiries.

By following these straightforward guidelines, you can navigate the form with confidence, ensuring your election for exemption goes smoothly. Adhering to these practices will save you time and give you peace of mind.

Misconceptions

1. Only certain types of businesses can use the Maryland Exclusion form.

Many people mistakenly believe that only very specific business types can elect to be exempt from workers' compensation insurance coverage. In reality, any business structured as a close corporation, general corporation, farm corporation, professional corporation, or limited liability company can use the Maryland Exclusion form. It's essential to check your business type but don't assume you don't qualify.

2. Filing the form guarantees personal liability protection.

Some assume that by simply filing the Maryland Exclusion form, they are completely shielded from personal liability. This is not the case. While the form allows officers and members to opt out of the coverage, it does not eliminate personal liability for actions taken in their official capacities. It's vital to understand the limits of this exemption.

3. The Exclusion form can be submitted at any time.

Another common misconception is that there are no deadlines for submitting the Maryland Exclusion form. In fact, this form must be filed with the Workers' Compensation Commission and the insurer promptly to officially elect the exclusion. Waiting too long could delay or negate your ability to opt-out effectively.

4. All officers need to sign the form individually.

Many believe that every officer within a company must sign the Maryland Exclusion form for it to be valid. While each electing member or officer needs to sign, not every officer must sign the document. Only those who wish to exclude themselves from coverage should sign. This can streamline the process significantly.

Key takeaways

Filing the Maryland Exclusion Form can be an essential step for certain business owners and officers who wish to opt out of workers' compensation coverage. Here are some key takeaways to guide you through the process:

  • Eligibility Criteria: Only specific officers or members of designated business entities, such as close corporations or limited liability companies, can elect for exclusion. Understanding eligibility is crucial before proceeding.
  • Documentation Requirement: After filling out the form, you must sign it and submit it to the Workers’ Compensation Commission. Don't forget to send a copy to your insurance company and keep one for your records.
  • Accurate Information: Ensure that all information provided on the form is accurate and truthful, as any inaccuracies might lead to legal consequences.
  • Affirmation of Truth: By signing the Exclusion Form, you confirm the truthfulness of the information under penalties of perjury, meaning that honest representation is not just a formality.
  • Timely Notification: Notify your insurance company as soon as you submit the Exclusion Form to the commission, marking the date clearly. This step can help avoid any misunderstandings regarding coverage status.
  • Variety of Entities: The form applies to a range of business structures, including corporations and LLCs. Identifying your company type correctly is essential for the form to be valid.