Southern Maryland Workers’ Compensation Lawyers

To be eligible for workers’ compensation in Maryland, you must meet two main requirements:

1. You must be an “employee” of the company for which you work; and
2. 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 Southern Maryland 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?

In Maryland, employees who suffer job-related injuries and illnesses are eligible to receive four main types of workers’ compensation benefits. These are:

• Medical benefits to cover your treatment costs;
• Wage replacement benefits that cover 66% of your weekly wage;
• Permanent partial disability benefits based on the long-term effects of your injury or illness; and
• Vocational rehabilitation benefits if you need help finding a new job.

We provide an in-depth overview of each of these types of benefits in our Free Legal Guide to Workers’ Compensation in Maryland.

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 Southern Maryland workers’ compensation attorneys before your deadline expires, at Southern Maryland Law, we can help you file your claim on time.