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MARYLAND WORKMANS COMPENSATION ACT
What You Need To Know:
Employer-Employee Relationship in Maryland for Purposes of Workers’ Compensation Claims
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.
Injuries Covered by the Maryland Workers’ Compensation Act
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:
· Accidental Personal Injury and 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).
· “Arising out of and in the course of employment “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 Under the Maryland Workers’ Compensation Act
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.
· Temporary total disability is present when the worker cannot work for a period of time due to the severity of his injury. During this period of recovery, the worker is entitled to two-thirds of the worker’s average weekly wage for the period of temporary total disability. These benefits are payable until the date when the worker reaches maximum medical improvement, or the disability becomes permanent.
· Total Disability is present when the injury is so severe that the worker is incapable to do work of any kind. This does not require that the worker is completely incapable of working, but rather that the worker is so injured that he or she can perform no services other than those which are so limited that a demand for those services does not exist. In these cases, the benefit is also two-thirds of the worker’s average weekly wage, and the benefits are payable for life, unless the worker’s condition improves to a point where they are no longer totally disabled.
· Temporary Partial Disability occurs when a worker has not reached maximum medical improvement but can still return to work. In these cases, the worker is entitled to half the difference between his average weekly wage before and after the accident. This difference cannot exceed half the average weekly wage in the State of Maryland.
· A Permanent Partial Disability status refers to an injury which is partial in character, but permanent in quality, such as the loss of a finger, thumb or toe. Generally, an employee who is entitled to compensation shall receive a minimum weekly compensation of $50.00 for permanent partial disability unless that employee’s average weekly wage was less than $50.00. If the worker’s average weekly wage was less than $50.00, they will receive compensation that equals their average weekly wage at the time of the accidental injury. Benefit payments for permanent partial disability continue for a period of weeks established by the statute; a period that varies according to the body part injured and the severity of the injury.
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Death Benefits
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.
· Total dependents are individuals who subsist entirely on the earnings of the deceased worker.
· Partial dependents are individuals who survived in part on the earnings of the deceased worker.
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.
Notice Requirements for Maryland Workers’ Compensation Claim
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 Benvenuto, 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:
· Temporary Partial Disability – If your injury temporarily prevents you from performing the work required in your normal job, these benefits can help make up for any reduced wages you receive while you recover.
· Temporary Total Disability – These benefits are awarded to workers who can’t work for a short period of time while they are recovering from their injuries.
· Permanent Partial Disability – If your injury causes you to be permanently unable to satisfactorily perform your job duties, but you are still able to handle lighter work, you may receive permanent partial disability benefits.
· Permanent Total Disability – These benefits are given to workers whose injuries prevent them from performing any work and are designed to be a replacement for their salaries.
Maryland Workman's Compensation
Maryland Workman's Compensation FaQS
YOUR QUESTIONS ANSWERED!
Some questions that are commonly asked about Workers’ Compensation Laws and the claims process include-
WHAT IS WORKER’S COMPENSATION?
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.”
WHO PAYS FOR WORKERS’ COMPENSATION INSURANCE?
Workers’ Compensation Insurance is paid entirely by the employer. No payroll deductions are taken out of individual employees’ paychecks
WHO IS COVERED BY WORKERS’ COMPENSATION?
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.
IS AN EMPLOYER REQUIRED TO PAY WORKERS’ COMPENSATION?
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.
HOW LONG WILL MY BENEFITS CONTINUE?
Sorry, but the Answer is...IT DEPENDS!
IF I RECEIVE COMPENSATION, CAN I STILL SUE MY EMPLOYER?
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.
CAN I USE MY OWN DOCTOR FOR A CLAIM?
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.
HOW SHOULD I PROCEED IF I AM INJURED ON THE JOB?
If you are injured on the job or suspect that you have an occupational disease, you should:
· Report the injury or suspicion of disease immediately to your employer, his/her representative or the person in charge of your job. If you are unable to do so because of the injury, your union representative or your attorney may notify the employer for you.
· Get medical treatment. If you need medical attention, ask for it immediately. Make sure that you report to your physician the time that the injury occurred at work and that you take note of related dates and keep copies of all medical bills. You may go to the physician of your choice unless a list of at least six health care providers has been posted by the employer for workers’ compensation purposes. In this case, you must seek treatment from one of these six providers during the first 90 days after your injury. After that time you may go to the provider of your choice, but the provider must file periodic reports to your employer outlining your progress.
WHAT SHOULDN’T I DO IF I AM HURT OR INJURED AT WORK?
· Do not sign any incomplete papers.
· Do not sign any papers or statements unless you completely understand them.
· Do not sign any written statements about your injury of exposure to disease unless you have a witness, union representative, or your attorney present and you fully agree with the written statements. Always get a copy of any statements you sign.
· Do not sign any Supplemental Agreements unless they correctly represent the current status of your disability. It may also help to have the Supplemental Agreement reviewed by a lawyer.
· Do not sign a Final Receipt of compensation unless you are fully recovered from your injury.
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:
· Temporary Partial Disability – If your injury temporarily prevents you from performing the work required in your normal job, these benefits can help make up for any reduced wages you receive while you recover.
· Temporary Total Disability – These benefits are awarded to workers who can’t work for a short period of time while they are recovering from their injuries.
· Permanent Partial Disability – If your injury causes you to be permanently unable to satisfactorily perform your job duties, but you are still able to handle lighter work, you may receive permanent partial disability benefits.
· Permanent Total Disability – These benefits are given to workers whose injuries prevent them from performing any work and are designed to be a replacement for their salaries.
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.
Free Initial Consultation
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.
Frank Benvenuto is A Tested And Skilled Trial Attorney
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):
· Lifetime medical benefits
· Payments for time missed from work
· If you are unable to return to your present employment, you may be entitled to vocational rehabilitation counseling and possibly even re-training or additional education.
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.
If there is no financial recovery for you – You pay NO ATTORNEY FEE
Wrongful Death
In the State of Maryland, a wrongful death lawsuit can be filed by an immediate family member of someone who was killed as a result of negligence or harmful intent. Frank Benvenuto, P.A. has over 28 years of experience helping family members navigate the tricky legal waters of wrongful death lawsuits during one of the most difficult times in their lives. Wrongful death and personal injury cases are difficult and complex. Insurance companies want to limit their exposure or liability when a serious injury or death occurs. Insurance companies hire attorneys whose job it is to aggressively undermine each aspect of the plaintiff’s claim.
Through experience handling hundreds of personal injury cases over 30 years, Frank Benvenuto, P.A. has become familiar with these tactics in order to protect the rights, health, and safety of his clients. He represents individuals and families involved in personal injury and wrongful death cases that were caused by negligence, carelessness, and/or recklessness of others. He handles all types of catastrophic personal injury and tragic wrongful death cases. If you believe a family member may have been killed due to someone else’s negligence or malicious intent, schedule a free legal consultation with Frank Benvenuto, P.A. at 443-783-2451 or 443-641-2999.
Am I Eligible For A Wrongful Death Lawsuit?
Often, people do not realize that they are eligible for a wrongful death lawsuit. The two main points a catastrophic injury lawyer must prove to win a wrongful death lawsuit:
- The death was caused by negligence or harmful intent on the part of another. Negligence is often a part of many deaths deemed “accidents”. Wrongful death lawsuits can be filed in a number of situations, including:
- Death caused by any number of vehicle accidents through the fault of another, such as death caused by a drunk driver accident, a semi truck accident, a hit and run accident, or a pedestrian accident
- On-the-job accidents such as at the workplace or a job site or other work-related deaths.
- Occupational exposure to hazardous material
- Fatal sickness cause by pollutants
- Death during sports and other supervised activities
- Criminal violence
- Nursing home accidents
- Construction accidents
- Dog bites/animal attacks
- Dangerous and defective products
- Medical malpractice
- The surviving immediate family has suffered financial loss.There are a number of reasons a family may suffer financial loss as a result of a wrongful death, including:
- Loss of income
- Medical expenses
- Burial expenses
- Loss of companionship, love, care, protection
- Lost benefits, such as insurance, from the death
- Care expenses
- Mental anguish
- Loss of paternal guidance
- Loss of inheritance from an untimely death
- Punitive damages, intended to punish wrongdoers and prevent them from harming others
Who Maybe Sued For A Wrongful Death?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:
- the driver or employer at fault in the automobile accident
- the designer or builder of the faulty roadway
- a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
- the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
- the persons who sold, served, or gave alcohol to the impaired driver, or the owner of the premises where the alcohol was served.
If you have lost a loved one, you may be eligible to receive compensation under the law. Frank Benvenuto has a great deal of experience working for and with family members at a very difficult time. He is prepared to interact with your family tactfully and unobtrusively in order to get your case off the ground in a timely manner and ultimately, to maximize recovery of compensation for your family. If you have questions or concerns about a personal injury or wrongful death claim, please contact Frank today