What is Workers’ Compensation?
Maryland Workers’ Compensation law allows employees who suffer an accidental injury while working to recover expenses for lost wages and medical bills related to their injury. Unlike traditional personal injury cases, Workers’ Compensation does not rely on anyone being at fault! It allows for recovery for:
- An accidental injury that arises out of and in the course of employment;
- An injury caused by a willful or negligent act of a third person directed against a covered employee in the course of employee’s employment; or
- A disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including an occupational disease and frostbite/sunstroke caused by a weather condition.
To recover, your employer or some third-party does not have to be found at fault. Instead, the injury must “arise out of and in the course of employment”, which means the injury occurred when you were doing the job and because of conditions required by your employer for doing the job. This may include anything from slipping and falling while at work or while out making a delivery to diseases that develop due to exposure at a job site. Compensation may not be denied to an employee because of the degree of risk of the employment!
Compensation – How Much Will I Collect?
The amount a worker recovers depends on the severity of his/her injury. Claims typically include medical expenses and a portion of lost wages. In more severe cases, claims may include additional compensation or even funeral expenses. An experienced Workers’ Compensation attorney can help evaluate your claim and make sure you get the compensation you deserve! Furthermore, attorneys cannot charge a fee until it is awarded by the Commission.
How to File a Claim?
The timeline to file a claim is critical, so it is important that you contact an attorney right away if you are injured at work! Below are the deadlines for a typical Workers’ Compensation case; however, it is important to note that these deadlines change for diseases developed while working or family members filing a claim for injuries resulting in the employee’s death.
The injured employee must inform their employer within 10 days of his/her injury. This can be done either orally or in writing. If it is in writing, the employee must provide his/her name and address; the time, place, nature, and cause of the injury; and his/her signature.
The injured employee must file Employee Claim Form C-1 and a physician’s report, if available, within 60 days.
After filing a claim, either the employer or employee may request a hearing before the Maryland Workers’ Compensation Commission. This hearing may involve witnesses, medical examination, vocational experts, and other evidence. An experienced attorney is useful in presenting this case to the Commission and evaluating the case presented by the employer.
The Commission will make or deny a claim within 30 days of the mailing of the notice of the filing of a claim or the hearing. If either the employer or employee disagrees with the Commission’s decision, they may file an appeal to the Circuit Court within 30 days of the Commission’s order.
Call Us Today
If you or a loved one suffered an injury on the job, call Baldwin, Briscoe & Steinmetz, P.C. today! Our experienced attorneys offer free consultations for Workers’ Compensation cases and will help make sure you get the compensation you deserve!