To be eligible for workers’ compensation in Maryland, you must meet two main requirements:
- You must be an “employee” of the company for which you work; and
- You must have suffered an injury or illness within the scope of your employment.
If you meet both of these requirements, then it is likely that you will qualify for workers’ compensation benefits.
Who Is an Employee?
Most workers in Maryland are employees. If you go to work every day, receive a regular paycheck with income tax withholdings, and receive a W-2 at the end of the year, then you are probably eligible to receive benefits. However, even if you do not (if your boss gives you a 1099, for example), you could still have the right to make a workers’ compensation claim. You should discuss your legal rights with Southern Maryland workers’ compensation attorneys promptly.
When Is an Injury in the Scope of Employment?
To be eligible for workers’ compensation, your injury or illness must have occurred within the scope of your employment. This can include many things you would not necessarily think of as being “work.” The key fact you need to know is that you do not necessarily need to be doing your job when your injury occurs.
For example, if you slipped while walking to the bathroom or suffered an injury in a collision while driving between job sites, your accident would still fall “within the scope of your employment.” If you have any doubts, questions, or concerns about your eligibility, you should speak with a Waldorf workers’ compensation lawyer. It is a consultation so you have nothing to lose!
When Might You Not Be Eligible for Workers’ Compensation?
Some of the potential grounds for non-payment of workers’ compensation benefits in Maryland include:
- Your injury occurred while you were commuting to work. As a general rule, commuting does not fall “within the scope of your employment.” However, your accident could be covered if you were running a job-related errand on the way to work.
- You were drunk, high, or engaging in horseplay. If you got injured because you were doing something unreasonably dangerous and not required by your job, then your injury might not be covered.
- You did not file your workers’ compensation claim on time. As we discuss below, you must file your claim on time to protect your right to workers’ compensation.
- Your employer is not required to provide workers’ compensation coverage. While Maryland law requires the vast majority of employers to provide coverage, there are a few exceptions.
However, you should speak with a workers’ compensation lawyer regardless of the circumstances surrounding your work-related injury or illness. The law is complicated, and the costs of your injury or illness could be substantial.
At Andrews, Bongar, Gormley & Clagett, we provide consultations for workers comp cases. One of our Waldorf workers’ compensation lawyers will be happy to discuss your situation in confidence. We represent injured workers in Waldorf, Lexington Park, and other areas in Southern Maryland.
What Benefits Am I Eligible to Receive For A Workers’ Comp Claim?
Maryland law provides specific benefits for injured workers to help them recover physically and financially. A workers’ compensation lawyer can ensure you receive the full benefits you are entitled to under state law. Workers’ compensation benefits Include:
- Medical expenses—coverage for doctor visits, hospital stays, physical therapy, prescriptions, and other necessary treatments;
- Temporary total disability (TTD) benefits—two-thirds of your average weekly wage if you are completely unable to work during recovery;
- Temporary partial disability (TPD) benefits—a portion of lost wages if you return to work at reduced hours or lower pay;
- Permanent partial disability (PPD) benefits—additional compensation if your injury results in long-term limitations but you can still work;
- Permanent total disability (PTD) benefits—lifetime benefits for workers who are unable to return to any form of employment;
- Vocational rehabilitation—job training or career assistance if you cannot return to your previous job due to your injury; and
- Death and dependency benefits—compensation for families of workers who suffer fatal workplace injuries.
We provide an in-depth overview of each of these types of benefits in our Free Legal Guide to Workers’ Compensation in Maryland. Even when an injured employee qualifies for benefits, insurance companies often deny or undervalue claims. A workers’ compensation attorney can help fight for full compensation and appeal unfair denials.
What Should You Do After a Workplace Injury?
Taking the right steps after a work-related accident protects your health and legal rights. If you are injured on the job, follow these steps:
- Report the injury. Notify your employer as soon as possible, preferably in writing. Maryland law requires employees to report injuries within 10 days, and failure to do so may impact your claim. But, as long as you file a claim within 2 years of the date of the accident, you will probably be OK. Do not assume anything about your claim without getting legal advice from a Waldorf workers’ compensation lawyer.
- Seek medical treatment. Visit an approved workers’ compensation doctor immediately. Even if your injury seems minor, a medical evaluation is essential for documentation and future treatment.
- Document everything. Keep detailed records of your symptoms, medical visits, treatments, and any communication with your employer or insurance company. This evidence can strengthen your claim.
- Follow your doctor’s recommendations. Failure to attend follow-up visits or follow medical advice can harm your case and give insurers a reason to deny benefits.
- Consult a workers’ compensation lawyer. The workers’ comp system is very complicated. You should get an attorney to navigate it. If you face delays, disputes, or a denied claim, legal representation can help you navigate the appeals process and fight for full compensation. We offer a free consultation, so you have nothing to lose by calling us.
The sooner you take action, the stronger your case will be. Delays in reporting or seeking treatment can weaken your claim and give insurance companies reasons to challenge your benefits.
How Long Do I Have to File My Claim?
To protect your legal rights after suffering a job-related injury or illness, there are two deadlines you need to meet. First, you must report your injury or illness to your employer within 10 days. (But this is usually excused by law, so don’t let this stop you from filing a claim. Always ask an attorney!)
Second, if you do not receive the benefits to which you are entitled, you must file a formal claim with the Maryland Workers’ Compensation Commission within two years (or one year if you are seeking benefits for an occupational illness) from the date of accident. As long as you contact our workers’ compensation attorneys in Waldorf before your deadline expires, we can help you file your claim on time.
Why Hire Southern Maryland Law for Your Workers’ Compensation Case?
Choosing the workers’ compensation attorney can make a significant difference in the outcome of your claim. At Southern Maryland Law, we understand the challenges injured workers face and are committed to fighting for your full benefits.
What Sets Our Firm Apart?
At Southern Maryland Law, we stand out because of our:
- Over 40 years of experience handling Maryland workers’ compensation claims,
- Personalized legal representation because your case is never just another file,
- Aggressive advocacy against insurance companies to maximize your benefits, and
- No upfront legal fees.
If you need a workers’ comp lawyer in Waldorf, we are here to help. Contact us today to schedule a free initial consultation.
