Understanding Maryland Workers Compensation: Benefits and Process
Most employees in Maryland are covered by workers’ compensation insurance, which provides benefits to individuals who are injured or become ill as a result of their job duties. While workers’ compensation can be a lifesaver for those who have been injured on the job, it can also be quite complex and challenging to navigate. In this article, we will explore the Maryland workers’ compensation system and what an injured worker needs to know to protect their rights.
What is Maryland Workers Compensation?
Maryland workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job duties. The program is designed to provide medical care and wage replacement to individuals who are unable to work due to a work-related injury or illness.
The Maryland Workers’ Compensation Commission oversees the workers’ compensation program and is responsible for making sure that claims are processed fairly and efficiently.
Who is Eligible for Maryland Workers Compensation?
Most employees in Maryland are covered by workers’ compensation insurance, including full-time, part-time, and seasonal workers. However, there are some exceptions to the rule, including:
1. Federal employees
Federal employees are covered under a separate workers’ compensation program and are not included in Maryland’s workers’ compensation system.
2. Casual employees
Casual employees, such as babysitters and gardeners, are not typically covered by workers’ compensation in Maryland.
3. Independent contractors
Independent contractors are not considered employees and are therefore not eligible for workers’ compensation benefits.
What Types of Benefits are Available Through Maryland Workers Compensation?
Maryland workers’ compensation provides several different types of benefits to injured workers:
1. Medical Benefits
Workers’ compensation provides payment for medical expenses related to a work-related injury or illness. This includes doctor visits, hospital stays, surgeries, and other medical treatments.
2. Wage Replacement Benefits
Workers’ compensation also provides wage replacement benefits to individuals who are unable to work as a result of a work-related injury. The amount of the benefit is calculated based on the individual’s average weekly wage and the severity of their injury.
3. Disability Benefits
If an individual is unable to work for an extended period due to their work-related injury, they may be eligible for disability benefits. These benefits provide ongoing income to help the individual support themselves and their family.
4. Vocational Rehabilitation
Workers’ compensation provides vocational rehabilitation services to individuals who are unable to return to their previous job due to a work-related injury. These services may include job training, job placement assistance, and other support to help the individual find new employment.
What is the Process for Filing a Maryland Workers Compensation Claim?
If you are injured on the job, there are several steps you need to take to file a workers’ compensation claim in Maryland.
1. Report the Injury to Your Employer
The first step is to report your injury to your employer as soon as possible. You should notify your employer in writing and provide as much detail as possible about the circumstances of the injury.
2. Seek Medical Treatment
After reporting the injury, you should seek medical treatment for your injury. Make sure to tell your doctor that the injury occurred at work, as this will be important when filing your workers’ compensation claim.
3. File a Claim with the Maryland Workers’ Compensation Commission
You will need to file an official claim with the Maryland Workers’ Compensation Commission. This can be done online or you can consult with a workers’ compensation attorney to help you.
4. Attend a Hearing
After a claim has been filed, a hearing will be scheduled to determine the validity of the claim, and whether benefits should be awarded. During the hearing, both the claimant and the employer may present evidence to support their case.
5. Collect Benefits
If the claim is approved, the injured worker can begin to collect benefits. These may include medical expenses, wage replacement, disability, and vocational rehabilitation services.
Conclusion
Maryland workers’ compensation is an important program that provides benefits to individuals who are injured or become ill as a result of their job duties. It is important for employees to understand their rights and obligations under the program, including the process for filing a claim and the types of benefits that are available. If you have been injured on the job, it is critical to seek legal advice from an attorney who specializes in workers’ compensation law. An attorney can help you navigate the complex workers’ compensation system and ensure that you receive the benefits you are entitled to.
Understanding the Maryland Workers Compensation Laws
If it’s an accident that put that worker out for a few weeks, there has to be some form of compensation available….
There Is: It’s Called Workers Compensation Insurance in Maryland
Any business can acquire it. Better yet, any business should acquire it. It’s actually against the law not to have it.
There are certain facts about Maryland workers compensation laws everyone needs to know, though. While a business can carry workers compensation insurance in Maryland, a prospective employee needs to know exactly what constitutes workers compensation.
Cover Injuries
Keep this mind seriously: not all injuries would be covered. Even if the particular injury occurred “during the job.”
According to Maryland workers compensation laws, the injury has to be an “accident” that arose from the employment. Not just an accident that happened during employment.
Here are some specific examples of accidents happening during employment that wouldn’t apply to those specific Maryland workers compensation laws:
1. Bad Indigestion During Break Time
2. Migraines While Filing Paperwork
3. Vomiting From the Stomach Flu While Working a Hi-Lo
Those are just examples.
In contrast, Maryland workers compensation laws would look favorably on….
1. Slipping and Falling and Getting a Concussion From Materials on the Floor
2. Hazardous Chemicals From the Job Getting on the Skin and Causing Damage
3. A Back Injury Due to Constant Movement Required of the Job
See the difference? The injury has to be a direct result of something that happened while on the job. If a gymnastics instructor dislocated his shoulder due to spotting a student, that would count – because it arose from the job description. It’s something that can conceivably happen because of what the job entails.
Understand Also Who Maryland Workers Compensation Laws Cover
Employer-employee relationships aren’t the only standard in Corporate America, so this is very important.
What about independent contractors? How are they covered for anything? What about sole proprietorships or partnerships? How does that work?
If a business has only one ‘employee’ who also happens to be the owner, what happens if that owner/employee gets into an accident? Is he/she covered by Maryland workers compensation laws?
This is what the law states: workers compensation insurance in Maryland will only cover employees.
That means there must be an employer-employee relationship somewhere in there for workers compensation insurance in Maryland to cover injuries. This is pretty basic: independent contractors are not employees. Therefore workers compensation insurance in Maryland won’t apply to those contractors.
Furthermore, if the business is a sole proprietary, your common workers compensation insurance in Maryland won’t be sufficient. However, there is a statutory procedure available to establish coverage for an employer acting as an employee in his or her own business.
Know What You’re Dealing With
There’s no black and white when it comes to workers compensation. So know what to expect if you’re facing an injury during work. Is it just an injury that occurred during work but had nothing to do with your work? Or is it an injury that occurred because of your work?
