Maryland Workers Compensation LawyerWorkers injured on the job in Maryland have certain protections and benefits under the Maryland Workers' Compensation Act. Under the Act, an injured worker and his or her dependents are entitled to receive certain forms of compensation and/or benefits without the need to establish that someone was negligent. This requirement means that the worker does not have to prove the employer or someone else did something to cause the injury to receive compensation. Employers are required to carry this coverage for all their employees and failure to so can result in a $10,000.00 fine. The security of having the right seek compensation whenever an injury arises out of the course of employment is balanced by the fact that the employee is then prohibited from suing the employer in a negligence action. In fact, there are very strict guidelines to follow in terms of the compensation an injured worker can recover. Therefore, Maryland workers have to act quickly and be very careful to take the necessary steps whenever they are injured when at work.
AM I AN EMPLOYEE FOR PURPOSES OF WORKMAN'S COMPENSATION CLAIMS??Under Maryland law, the driving factor in establishing whether one is an employee is whether the employer had the "right to control" the actions by the individual. If, and only if, the worker establishes the employer's right to direct or restrict the workers actions can then he or she be entitled to receive benefit.
IS MY INJURY COVERED BY THE MARYLAND WORKMAN'S COMPENSATION ACT?The act covers accidental injury occurring out of and in the course of employment. To determine if your injury is covered, you need to answer the following questions:
1. Type of InjurySimply put, any accidental injury suffered while working is entitled recover compensation under the act. 2. IS MY INJURY WORK-RELATED? To determine if your injury is work-related, you have to answer one or both of these questions: 1. Was the injury in the course of employment? Did the injury occur during work hours? When on work premises? At a job site? If the answer is yes, then it is a work-related injury and you are entitled to benefits. 2. Was the injury out of the employment? Did the injury occur because of the work conditions? Is the injury a foreseeable result of the work conditions? If the answer is yes, then it is a work-related injury and you are entitled to benefits.
WHAT TYPE OF BENEFITS AM I ENTITLED TO UNDER THE MARYLAND WORKER'S COMPENSATION ACT?Benefits are determined based on the level of disability caused by the injury.
- Temporary Total Disability
- As the name suggests, this means you cannot work for a period of time. You are entitled to two-thirds of your average weekly wage during this time. You will be paid until when your doctor indicates that you have recovered as much as is medically possible or your disability is deemed permanent.
- Permanent Total Disability
- If your injury was so severe that you are no longer capable of working, then you may be entitled to receive benefits under permanent total disability. You will receive two-thirds of your average weekly wage for as long as your condition stays the same.
- Temporary Partial Disability
- If you return to work before you are fully recovered and perform limited duties or work part time hours for a reduced paycheck, you may still be entitled to benefits. You would be entitled to half the difference between your average weekly wage before and after the accident.
- Permanent Partial Disability
- Have you suffered a work injury that resulted in the loss of part of your body? The workers' compensation act has a schedule indicating what benefits you should receive on a weekly basis for your loss.
- Death Benefits
- In the event that a worker dies as result of a work injury, his or her dependents are entitled to compensation under the act. The workers minor children and spouse are entitled to benefits.
IS THERE A DEADLINE TO FILE A CLAIM?You have two critical deadlines you have comply with whenever possible.
- You are required to notify your employer within 10 days of the injury.
- Your claim must be filed with the Workers' Compensation Commission within 60 days.