If you are a construction or industrial worker, you have probably heard a lot about workers’ compensation. If you work in another field, however, you may be at risk for workplace injuries or illness but be unaware of the eligible benefits.
You may know that your employer’s workers’ comp insurance covers your medical expenses if your injury or sickness was caused by something at work. Did you know you may be entitled to temporary benefits to replace some of your wages while you are recovering from an on-the-job injury? How about job retraining benefits if you cannot return to the same job?
At Schlachman, Belsky, Weiner & Davey, P.A., we’re here to help. Since 1979, we have been helping people employed in virtually every field to understand their rights and get the compensation they deserve after workplace accidents or incidents causing illnesses.
What Injuries Are Covered By Worker’s Comp in Maryland?
Worker’s compensation laws in Maryland are designed to provide benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment. These benefits typically cover a wide range of injuries and conditions, including:
- Occupational injuries such as slip and fall accidents, repetitive strain injuries, falls from heights, machinery accidents, and injuries caused by workplace hazards or dangerous conditions.
- Work-related illnesses contracted as a result of exposure to harmful substances or conditions in the workplace, such as occupational diseases, respiratory conditions, skin disorders, and illnesses caused by chemical exposure or toxins.
- Cumulative trauma injuries that develop over time due to repetitive motions, activities, or exposures in the workplace, such as carpal tunnel syndrome, tendonitis, bursitis, and degenerative joint or spine conditions.
- Mental health conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological disorders resulting from work-related stress, trauma, or harassment.
- Occupational diseases that are directly related to specific occupations or industries, such as asbestosis, mesothelioma, hearing loss, and certain cancers caused by workplace exposures.
What To Expect From The Workers’ Compensation Claims Process
A serious on-the-job injury or occupational illness can easily result in treatment, recovery and rehabilitation expenses far higher than you can afford. The Maryland workers’ compensation system was set up to cover these expenses without requiring you to prove your employer was negligent. In exchange for that protection, workers cannot sue their employers for negligence.
If your illness or injury occurred on the job, you are generally covered by workers’ comp.
In addition to your medical expenses and vocational needs, the program provides at least partial wage replacement and four categories of disability benefits:
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent total disability benefits
- Permanent partial disability benefits
- Death benefits
We can help you obtain all the benefits you qualify for, and if your benefits are initially denied, we can file an appeal.
In Some Cases, Additional Compensation is Available
Workers’ compensation only applies to medical conditions resulting from the actions of your employer or co-workers. In some cases, the incident occurred under a third party’s watch. This may be a subcontractor at your construction site, another driver, a careless property owner or the manufacturer of a faulty machine. If a third party was involved in your injury, we may be able to bring a personal injury lawsuit against that party on your behalf.
Contact Us Today To Discuss Your Workers’ Comp Case
Schlachman, Belsky, Weiner & Davey, P.A., has a long history of representing injured workers. We have helped police officers, corrections officers, firefighters, city employees, construction workers, longshoremen, food service workers, professional drivers, nurses and many more. We will give you the straight advice and honest answers you need, and we have the experience and resources to make the most of your claim.
Contact us by email or call us toll free at 855-865-6185, and one of our Baltimore attorneys will respond the same day, even on weekends.
Frequently Asked Questions
What is Maryland's workers' compensation law?
Maryland law states that if a covered employee is temporarily totally disabled due to an accidental injury or occupational disease, the employer or its insurer must provide compensation equal to two-thirds of the employee's average weekly wage, up to the state's average weekly wage limit.
How much is a typical workers' compensation settlement in Maryland?
For Temporary Total Disability, the compensation is two-thirds of the employee's Average Weekly Wage, capped at 100% of the State Average Weekly Wage, currently $1,456.00. The same cap applies to Permanent Total Disability settlements.
Who is excluded from workers' compensation coverage in Maryland?
In Maryland, all businesses with employees must carry workers' compensation insurance. However, Sole Proprietors or Partners are excluded by default but may opt-in to be covered.
Is a workers' compensation settlement taxable in Maryland?
Workers' compensation settlements in Maryland are tax-free. Similar to personal injury settlements, individuals do not have to pay taxes on the compensation they receive.
What should I do if my workers' compensation claim is denied?
If your workers' compensation claim is denied, you have the right to appeal the decision. It's recommended to consult with a workers' compensation attorney who can help you navigate the appeals process and improve your chances of a favorable outcome.
How long do I have to file a workers' compensation claim in Maryland?
In Maryland, you generally have two years from the date of injury or diagnosis of an occupational disease to file a workers' compensation claim. Filing as soon as possible is advisable to ensure your rights are protected.
Can I receive workers' compensation benefits if I was partially at fault for the accident?
Yes, Maryland operates under a no-fault workers' compensation system, meaning you can still receive benefits even if you were partially at fault for the workplace accident, as long as the injury occurred during the course of your employment.