Maryland has specific laws for workers’ compensation, and before you file a claim, you should understand these laws.
Since the 1900s, every single state has had some level of protection for employees who get injured while on the job. Workers’ compensation laws are the direct result of an older system that didn’t work well.
Injuries Covered By Maryland Workers’ Compensation
In Maryland, not every injury is covered through workers’ compensation, and even if the injury occurred while an employee was on the job, it’s not guaranteed that an injury will be covered.
Maryland law states that a person must’ve sustained an accidental personal injury arising from the course of employment.
Put simply, the employee must have been injured by a direct aspect of their occupational duties. If an individual can prove he or she has an occupational disease, he or she could be entitled to receive workers’ compensation benefits.
Information for Employees
When deciding if an injury is covered, it’s important to understand that the workers’ compensation law only protects employees. The specific statute outlines who is considered an employer and employee. For the law to apply, there must be a “genuine” relationship between the employee and employer.
Since some businesses are setup to allow for contract work, independent contractors are not eligible for workers’ compensation. Anyone who isn’t viewed by the law as an actual employee has the option to obtain special insurance.
Occupational Diseases and Accidental Personal Injury
Once a relationship has been established between an employee and employer, it must be determined if the injury was actually an accident. An extraordinary or unusual event that causes an unexpected result is an accident. In this case, the end result is an injury.
General health insurance might cover injuries that don’t fit into the accident category, but they might not be covered by workers’ compensation.
Occupational diseases are the only exception to the accident requirement. Occupational diseases are specific illnesses caused by circumstances of the employee’s job.
A great example of this is asbestos. Long-term exposure to some chemical solvents can cause lung, eye or skin disease, and these individuals might be eligible for workers’ compensation, even if an accident didn’t occur.
Injuries Arising Out of Employment
If an injury is to be compensated, it must arise out of employment. This means the accident must be caused by working conditions.
The employee must be injured by job requirements. An example would be if you worked at a wet and slippery water park, and you slipped and became injured.
Injuries Arising Out of the Course of Employment
To be eligible for workers’ compensation, an injury must also occur in the course of employment. This represents the circumstances, location and time that the injury took place.
The employee must be at work and performing their occupational duties when the injury occurs. As long as these factors are satisfied, it’s likely that a workers’ compensation claim will be approved. However, many claims require investigation.
Workers’ Compensation in Maryland
If it’s determined that a person’s claim is eligible, he or she will receive benefits. Permanent total or partial disability benefits and temporary total or partial benefits are some of the benefits the claimant is eligible for.
He or she might also be awarded vocational rehabilitation benefits, wage reimbursement benefits and medical or hospitalization benefits. Ultimately, it’s the insurance carrier who must pay the benefits.
The Workers’ Compensation Commission doesn’t make the payments. When filing a claim, there are certain time limits that apply.
How we can help you
If you’ve been injured on the job, then you need to seek qualified legal guidance. A qualified personal injury lawyer is the best source of information for individuals pursuing workers’ compensation benefits.
Call Tucker, Nong and Associates to speak with a qualified personal injury lawyer. Our legal team can help make sure your case has the best result possible.