Maryland Workers’ Compensation Benefit Considerations
Workers’ compensation refers to compensation for job-related injuries. Essentially, if a person is injured on the job in the workplace, they are entitled to be compensated by their employer for those injuries. Compensation would include the payment of their medical bills, payment of their lost wages, and being compensated if they sustained a permanent injury. There are many Maryland workers’ compensation benefit considerations to keep in mind when moving forward with a workers’ comp claim, and a seasoned workers’ compensation attorney could help you figure them out. Speak with a skilled lawyer that could work with you to file a successful claim.
Difference Between Workers’ Compensation and Personal Injury Claims
One of the Maryland workers’ compensation benefit considerations that people may not be aware of is that workers’ comp claims are the only legal recourse a person has if they are injured on the job. A person cannot sue their employer for personal injury as if it is a tort case. Filing a workers’ compensation claim is not suing; they are bringing a claim against the employer and their insurer for compensation only. It is the only remedy a person has when they have an on-the-job injury.
There is a Workers’ compensation Act, it is statutorily driven, and it is in the Maryland annotated code. Each state has its own statutes and different nuances and it is up to their legislature to make those provisions.
Accessing Information About Workers’ Compensation
Workers’ Compensation Commission has a website that is helpful. But the issue is, they have injured themselves and they cannot work, they should be focusing on going to their doctor’s appointments and getting the help that they need to heal and a lawyer can handle all the paperwork. Also, a claim is an adversarial situation because the employer is represented by an attorney. Therefore, a claimant should be represented as well to level the playing field.
Common Conditions That Qualify Someone for Workers’ Compensation
There are certain conditions and injuries that commonly occur in the workplace, such as carpal tunnel syndrome if a person is doing types of repetitive work; a repetitive injury is a common injury from work-related conditions, moving boxes if they are doing a physical job, back strains, neck strain, often times trip and falls can be compensable in Maryland.
Where Does Workers’ Compensation Come From?
Any employers in Maryland are funded by the state workers’ compensation fund. It used to be called the injured worker’s insurance fund which is semi-privatized – the insurance company supports it. Every employer has to buy workers’ compensation insurance coverage, and so the coverage for the claims for their employees is through an insurer which is regulated. The Maryland Insurance Administration regulates what the terms of the insurance policies are for workers’ compensation that is what the policy has to cover in Maryland.
What Do Workers’ Compensation Benefits Look Like?
A person gets two-thirds of their average weekly wage if they miss some time from work; they get all of their medical treatment paid for pursuant to a fee schedule. There is a fee schedule set for the Workers’ Compensation Commission which accepts workers’ compensation coverage, must accept as payment in full.
A person also gets what is called permanency, if they injured their shoulder and now, as a result, they are rated as having a 10% disability, they are compensated based on that percentage. That is one’s permanency award and that can be a lump sum.
Public Versus Private Workers’ Compensation
One of the Maryland workers’ compensation benefit considerations to keep in mind is that workers’ compensation can vary between the public and private sector. The Workers’ Compensation Commission and the legislature regulate workers’ compensation publicly. There is a whole different workers’ compensation process for federal claims, the Federal Workers’ compensation Act, for federal employees than there are for state employee.
Value of a Maryland Workers’ Compensation Attorney
An experienced workers’ comp attorney can be an invaluable asset during this time. There are a lot of timing issues that need to be done quickly or it could prevent you from getting your claim processed. A seasoned workers’ compensation lawyer could help you file the necessary paperwork. An attorney understands the process and can guide keep Maryland workers’ compensation benefit considerations in mind while guiding you through the process. Work with a capable lawyer that could fight for you.