Regardless of whether an individual works in a construction site, an office, or a grocery store, they are subject to a certain degree of danger. Anything can happen, even at jobs that are seemingly safe. When an individual gets injured at work, they may be unable to return to the job for several months or even years. These accidents come with significant burdens that can have lasting impacts on a victim. If you are injured on the job in Maryland, chances are you may be entitled to benefits and compensation for the burdens associated with the accident. If you are the victim of an on-the-job accident, it is important to consult an experienced attorney who can successfully guide you through a workplace accident case. The legal team at Markey & Orsi has nearly 30 years of experience assisting clients with these matters. Contact our Maryland Workers’ Compensation attorneys today for strong legal representation when it matters most.
Workers’ Compensation in Maryland: Benefits and Eligibility
When an individual gets injured on the job, they may be entitled to workers’ compensation under Maryland state laws. In order to qualify for workers’ compensation benefits, the employee must have become injured accidentally “out of and in the course of employment.” It is important to be aware that not all injuries are eligible for compensation. In addition, injured workers are entitled to benefits to replace their income if they miss more than 3 days of work as a result of the accident, and if the disability lasts longer than 14 days, those first 3 days are paid as well. All medical expenses, including doctor bills, hospital bills, the cost of physical therapy, and other necessary medical expenses that were incurred because of the accident, will be covered, up to certain limits.
What to Do After a Workplace Accident
If you were injured in an accident on the job, it is important to be aware of what your next steps should be. First, you should report the accident to your employer immediately. If you fail to do so, there may be negative implications when it comes to assessing your claim. It is also a good idea to speak with our experienced Maryland Workers’ Compensation attorneys as soon as you can. You may file a claim with Maryland’s Workers’ Compensation Commission either online or in the mail. Once you file a claim and your claim is approved, you may receive temporary total disability payments as long as you are unable to return to work. If your claim is denied, you may be able to attend a hearing with the Workers’ Compensation Commission, where a commissioner will assess both sides of the situation and make a decision accordingly. Please be aware that either party is permitted to appeal the decision made by the commissioner.
The Deadlines That Matter
Report the injury to your employer within 10 days. This is the step most workers get right, and it is also the one most likely to be waived if you miss it, because the employer usually knows the accident happened.
The deadline that ends claims is the filing deadline. A workers’ compensation claim in Maryland must generally be filed with the Commission within 2 years of the injury. An occupational disease claim runs from the date of disablement rather than the date of exposure, which can be years later, and a hernia claim must be filed within 1 year. Miss the applicable deadline and the claim is gone, no matter how badly you were hurt.
One more thing worth checking. If you were out of work for more than 14 days, the first 3 days should have been paid. Insurers overlook this. If your payments started on day 4 and never went back, ask.
Pursuing Third-Party Lawsuits for Workplace Injuries
If you are injured at your job, your injury may be the responsibility of a third party, not your employer or place of work. In these cases, if the negligence of someone else, whether that be the property owner or the supplier of safety equipment or other equipment used in the workplace, is apparent that their negligence led to your injury, you may be able to sue them for compensation. The stipulation in these cases is that if you were to win and recover damages from your injuries, you may be obligated to pay back some or all of your workers’ compensation coverage. In some cases, you may be subject to a workers’ compensation lien.
Schedule a Consultation With Our Maryland Workers’ Compensation Attorneys
If you have been injured in a workplace accident, it is important to speak with an experienced attorney as soon as possible. Parties who have been injured as a result of an accident on the job should be aware of the benefits they may be entitled to. The legal team at Markey & Orsi is here to guide you through each step of the workers’ compensation process. Contact our firm today.