When it comes to workers’ compensation, it is the shared responsibility
of the injured employee and the employer to ensure that not only is the
employee able to file for workers’ compensation, but that the employer
takes step to ensure that the accident site is evaluated and updated to
limit the possibility of another injury occurring from the same hazard.
With many occupations, there are generally hazards present in the workplace.
Even workplaces in which imited manual labor takes place may still have
potential hazards such as faulty equipment, heavy furniture, or poorly
maintained parking lots that may represent seasonal or temporary hazards.
What is Workers’ Compensation in Maryland?
First and foremost, to be able to receive the benefit of workers’ compensation, the harm, injury, or accident must have occurred to a covered employee
arising out of and in the course of his or her employment. This definition
is important because not all injuries that take place at work fall under
the workers’ compensation eligibility criteria. For example, when
a worker is being negligent and that negligence is the cause of the injury,
it is possible that he or she may not be able to receive the benefits
of workers’ compensation. Additionally, a covered injury may also
take the form of an occupational disease, where the disease results from
or occurs in the course of employment. An example of this would be a person
that works in close proximity to chemicals and contracts some form of
Who Qualifies as a “Covered Employee”?
A covered employee is also a term of art in workers’ compensation.
To be able to receive benefits under workers’ compensation, the
employee must be a defined, covered employee where there is a genuine
legal relationship between the employee and the employer. This would exclude
those who work as independent contractors or have their own sole-proprietorship
or partnership. This definition dictates that not everyone would be a
covered employee and not every type of employer would be required to have
workers’ compensation coverage.
Why Type of Benefits May be Covered Under Workers’ Compensation?
The benefits that may be given to compensate an individual could be wage
replacement, financial reimbursement for any type of medical treatment
resulting from the injury or harm that took place, death and funeral costs,
and rehabilitation expenses.
New Law in Maryland for Reporting Requirements and Possible Penalties to Employers
Recently, the Maryland legislaturepassed a house and senate bill to add additional requirements and penalties to employers regarding their
workers’ compensation reporting requirements. The bill was recently
approved by the Governor and signed into law. The
Maryland House bill number 1476 and Maryland
Senate bill number 867 put into effect the notification requirements of employers; though it
is the responsibility of the employee at the time of the injury to file
a claim with the Workers’ Compensation Commission (WCC), an employer
must also report to the WCC the incident that was described in the employee’s
claim. The employer must report the accident within three days of discovering
the injury. If the injury involves an occupational disease, then the employer
must notify the WCC immediately. If the employer does not report within
the time frame or at all, when the employer knew about the injury or occupational
disease, the state may levy a fine against the employer. The penalty would
be charge the employer with a misdemeanor and the employer would have
to pay up to $50.
Charles County, MD Personal Injury Lawyers that Fight for You
If you have been injured or harmed during the course of your employment,
you may be able to recover the costs of lost wages, medical treatment,
and rehabilitation expenses. It is important to consult with an experienced
personal injury attorney about your potential workers’ compensation
claim. Please call the
Law Office of Robert R. Castro at (301) 804-2312 for a confidential consultation.