Frank Benvenuto, P.A. seeks to provide relief to injured workers. The Act gives an injured worker and his or her dependents a no-fault remedy against their employer “No Fault” means that the employee is not required to prove that anyone was negligent. They are entitled to receive certain forms of compensation, or benefits, for accidental injuries arising out of and in the course of employment.
In exchange for this no-fault remedy against the employer, the employee is limited to recover only compensation and medical expenses set forth in strict schedules, and cannot sue the employer in a negligence action – the workers’ compensation remedy is an exclusive remedy. This means that if you have suffered an injury on the job and receive workers’ compensation benefits from your employer, you cannot then sue your employer for negligence In Maryland, however, an employee can bring a negligence or other third party claim, against a co-employee and/or other third parties.
In its 2003 decision, The Maryland Court of Appeals has summarized the law by stating that “Employees who follow the procedural rules of the Act and can prove they were injured while working can almost certainly recover compensation to prevent undue hardships caused by loss of wages and medical expenses. An employer who purchases workers’ compensation insurance and otherwise complies with the Maryland’s workers’ compensation law can likewise count on avoiding a negligence lawsuit.” Harris v. Board of Educ. of Howard County 375 Md. 21, 58, 825 A.2d 365, 387 (Md.,2003)
To qualify for Workers’ Compensation in Maryland, the individual must be an “employee” of the company he or she is working for at the time of the accidental injury. Maryland Courts have created a test to determine whether an individual is an employee and therefore entitled to receive benefits.The determinative factor with regard to benefit is whether the employer had the “right to control” the actions by the worker. If the employer had the right to control the worker, then the injured person is often held to be an employee and therefore entitled to benefits.
Generally, the law covers a disability or death resulting from an accidental personal injury that arises out of and in the course of employment. The key phrases in the previous statement are:
An accidental injury can include any injury that occurs while working. The Maryland Court of Appeals explained that “Employees who follow the procedural rules of the Act and can prove they were injured while working can almost certainly recover compensation to prevent undue hardships caused by loss of wages and medical expenses.” Harris v. Board of Educ. of Howard County 375 Md. 21, 58, 825 A.2d 365, 387 (Md.,2003).
For an employee to be entitled to benefits, the injury must arise out” of the employment. This requires a connection between the conditions under which the work is to be performed, and the resulting injury. If the injury can be determined to have followed as a natural result from the work being performed, then usually this post of the requirement is satisfied in the course of employment.
Maryland courts use this “In The Course of Employment” test to determine the time, place and circumstances of the injury. Generally, an injury happens in the course of employment if it occurs within the period of employment, at the place of employment or at a place where the employee may be in the performance of his duties.
Benefits for injured workers are based upon four basic classifications of disability: Temporary Total Disability, Permanent Total Disability, Temporary Partial Disability, and Permanent Partial Disability.
If a worker dies as a result of an accidental injury, the death is a separate event and the worker’s dependents are entitled to recover death benefits. Under Maryland law, there are two categories of dependents – Total dependents and partial dependents.
Partial dependents are typically found in two-income families, where the worker and his or her spouse both worked and combined their earnings. If the worker dies, the surviving spouse and children are typically found to be partial dependents. In terms of the benefits available, total dependents are entitled to two-thirds of the decedent’s average weekly wage, not to exceed 100 percent of the average weekly wage of the state of Maryland. Benefits continue for as long as the dependent remains a total dependent, until a maximum of $45,000 has been paid. If the dependent is a child, benefits cease at age 18, unless the child is a full time student, when they continue until the age of 23.
In terms of the benefits available, total dependents are entitled to two-thirds of the decedent’s average weekly wage, not to exceed two-thirds of the average weekly wage of the state of Maryland. But the percentage that the decedent’s weekly earnings bears to the combined earnings of the decedent and the dependent is applied to this rate, reducing the benefit. Payments continue as long as the dependent remains a partial dependent, but may not exceed a maximum of $60,000.00.
In Maryland, there are two notice requirements that employees should be aware of. The first is the notice to the employer. An injured employee must notify his or her employer of the injury in writing or verbally within 10 days after the accidental injury. Your failure to notify your employer bars a claim for compensation unless the failure can be excused on the grounds that the employer was not prejudiced by the lack of notice.
Also, your claim for compensation must be filed at the Commission within 60 days after the date of the accident. Again, your failure to file the claim within 60 days can be excused on the grounds that the employer and/or insurer was not prejudiced by the lack of notice. However, if your claim is not filed within two years of the accident, this constitutes a complete bar to recovery.
Have you or someone you know been injured while on the job and need to file for workers’ compensation? If so, contact a tested trial attorney who cares! Call the Law Firm of Frank Benvenuto, P.A., during business hours at 410 641-2999 or 24/7 at 443-783-2451, or use our Contact Us form.
Workers’ compensation laws give injured workers access to medical care and compensation for their lost wages while they’re recovering. However, claims sometimes may be reduced, delayed or even denied. If your claim was rejected, or if you are not receiving the full benefits you need for your injury, as an experienced, Maryland Workers’ Compensation attorney, Frank Benvenuto, P.A. can stand up for your rights.
Frank Benvenuto, P.A. has the knowledge and resources it takes to win, and he is committed to fighting for you! If you’ve been injured on the job, don’t wait to ask for help, and don’t get taken advantage of by your employer. Frank Benventuo, P.A. has helped hundreds of people in Maryland get the help they need for their on-the-job injuries.
Keep in mind, workers’ compensation cases are rarely one size fits all, and the amount of compensation you may receive depends on the severity of your injuries and your expected recovery time. Benefits available for injured employees under workers’ compensation laws can include:
Workers’ compensation benefits can be complicated, and it can be difficult to determine which benefits you may be eligible for. The Law Firm of Frank Benvenuto, P.A. is familiar with the Maryland Workers’ Compensation benefits, and Frank can investigate your claim and help you obtain the compensation you are entitled to and deserve. Call Frank today at 443-783-2451. As a Maryland workers’ compensation lawyer, Frank Benvenuto, P.A., will always take the time to get to know you. Frank will listen to your case, plan a solution and explain how he is going to fight for you every step of the way. That’s because Frank always put our clients’ needs first.
Frank Benvenuto, P.A. offers a free initial consultation. You can get a lawyer who cares! Frank Benvenuto, P.A. a Workers’ Compensation lawyer will put your needs first – you’re always his top priority. With offices on Maryland’s Eastern Shore he is able to help all those on the Eastern Shore serving Worcester County, Wicomico County, Talbot County, Somerset County, Dorchester County.
As soon as you walk through the door, it’s Frank’s goal to put you at ease. Tell him about your accident. There’s no obligation, and your information is always kept private.
If you’ve been hurt on the job, you need an experienced attorney like Frank Benvenuto, P.A. to help you with the complexities of Maryland workers’ compensation law. Employers have big insurance companies with lawyers who don’t want you to get paid for your work-related injuries. You may even have co-workers or a manager tell you not to file a claim. Don’t Listen! Protect Your Rights! Frank will assist in documenting your claim and filing the necessary claim forms in order to obtain payment of your benefits.
If you are the victim of a personal injury that arose out of or in the course of your employment, contact the Law Firm of Frank Benvenuto, P.A. to ensure that you receive the workers’ compensation benefits such as lost wages, medical, and rehabilitation expenses to which you are entitled. Whether your employer is big or small, Frank Benvenuto has the expertise to zealously represent your best interests. Note that because almost all employers are required to carry workers’ compensation insurance, almost all workers are covered. Even if you are an independent contractor who has been injured, Frank can evaluate whether you may be entitled to workers’ compensation benefits. You may be entitled to the following benefits (including but not limited to):
We will assist in obtaining financial compensation for permanent problems related to your injury. All attorney fees are governed by Statute and must be approved by the Workers’ Compensation Commission.
Over the past 20 (twenty) years, The Law Firm of Frank Benvenuto, P.A., has aggressively assisted the residents of Maryland’s Eastern Shore in obtaining fair and just compensation for their work injuries and occupational diseases. If you have suffered a work related injury or illness, you may be entitled to benefits from your employer for lost wages, medical bills, job retraining and placement, and possibly permanent disability.
What you need to know is this - the insurance companies that are responsible for providing these benefits have huge resources and many staff attorney who seek to limit or completely deny your claim no matter how legitimate and fair your claim may be. Your failure to have your own attorney to represent you will make you an easy mark to have your benefits limited, curtailed or even denied completely. Please do not make this mistake. The insurance companies are not your friend — they are your adversary. You need a tested trial attorney attorney to protect your rights and fight on your behalf to make sure that you get everything that you are entitled to receive under the law of the State of Maryland. If you are injured, call The Law Office of Frank Benvenuto, P.A. at 410-641-2999 or 443-783-2451 or via email using our Contact Us form.
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