Some questions that are commonly asked about Workers’ Compensation Laws and the claims process include-
Workers’ Compensation insurance is a program established by State law which all employers having one or more employees, full or part-time, are required to have for the benefit of their employees. It is a no-fault system under which injured employees receive benefits in connection with work-related injuries or occupational illness. The Workers’ Compensation Commission is the State Arbitration Board that ensures employees are given fair treatment in the event of a work-related accident or illness. For an injury to be considered compensable under workers’ compensation, the injury must “arise out of and in the course of employment.”
Workers’ Compensation Insurance is paid entirely by the employer. No payroll deductions are taken out of individual employees’ paychecks
Workers’ compensation applies to all employees with the exception of casual workers performing services not related to an employer’s business or persons employed in a limited function. Domestic service workers are also excluded unless the employer has purchased workers’ compensation insurance coverage. Corporate Officers may elect not to be covered.
All injuries that arise in the course of employment and are related to that work are covered regardless of the worker’s previous physical condition. Categorized occupational diseases may also be covered as well as aggravations of prior pulmonary difficulties resulting from an employee’s continued exposure at the work place.
The law applies to all injuries occurring in Maryland as well occupational diseases resulting from exposure while working within the state.
An employee’s negligence will not preclude him/her from receiving compensation for the injury. However, compensation will not be paid for injury or death which was intentionally self inflicted or the result of an employee’s violation of the law. In general, injuries caused by a third person are covered as long as they occur in the course of employment.
Yes. It is required by law that all employers provide payment of workers’ compensation except in cases where employees are not specifically covered. An employee cannot contract away his rights to compensation.
Sorry, but the Answer is...IT DEPENDS!
No. Because the law makes the employer responsible for a worker’s injuries regardless of the employee’s carelessness, the law also provides that employees do not have the right to recover from the employer in any legal action other than workers’ compensation. However, if the employer fails to provide for workers’ compensation payments as required by law, the employee can sue for damages. If your work injury is caused by a third party, that party is subject to a civil suit.
Yes, if the injury is compensable; however, the employer reserves the right to refer you to a physician of the employer’s choice and the employer’s physician determines return to work status. Note: All procedures other than initial or emergency treatment, must be pre-approved by the workers’ compensation insurance.
If you are injured on the job or suspect that you have an occupational disease, you should:
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 laws 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 email using our Contact Us page or our Do I Have a Case? page.
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