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.
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?