People go to work every day expecting their routine to go as usual. They complete their tasks and go home at the end of the day. People do not usually think about the possibility of being involved in an accident in the workplace. No matter what an individual’s profession is, there is always a chance of an accident occurring at work. If an accident does happen, employees should feel comfortable knowing that workers’ compensation is available to them should they become injured on the job.
What is Workers’ Compensation?
If an employee is injured on the job, financial compensation is available to them. Workers’ compensation is a type of insurance that the majority of employers are required to have in case their employees become injured on the job. This exists so employees do not lose their jobs if they become injured at work. Through this compensation, those who are injured are able to collect benefits that assist them while they are unable to work. This can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right to other benefits such as:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
If an employee is injured at work, it is important that they report the accident to their employer immediately. If they fail to do so, it may impact any claims they file with the Maryland Workers’ Compensation Commission. After a claim is filed, the individual may receive temporary total disability payments if they are unable to return to work after the accident. If their claim is denied, they may be able to go to a hearing with the Workers’ Compensation Commission. In this hearing, a commissioner will review both sides of the situation and make a decision accordingly. It is important to know that, when a conclusion is reached, both parties have the right to appeal the decision.
Who is Responsible?
When a person is injured at work, they can sue their employer to hold them responsible. However, this can create an uncomfortable work environment. Instead of targeting an employer, workers’ compensation is available to employees. When this happens, neither the employee or employer is held responsible for any injuries.
This protects both parties involved, as employees are not able to pursue legal action against an employer if they are receiving workers’ compensation benefits. The circumstances can change if a third party was involved in the accident.
Third Party Lawsuits
While legal action cannot be taken against an employer, an individual may be able to do so against a third party. If another party is responsible for the injury, that party can be held responsible while the employee still collects workers’ compensation. In order to prove liability, the employee must show the third party knew about, or should have known about, the conditions that caused the injury. This requires them to gather evidence. If the employee wins the lawsuit and receives compensation, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a workplace accident and wishes to seek legal counsel, contact the Law Offices of Markey & Orsi today.
The legal team at Markey & Orsi has proudly represented clients who have been injured throughout the state of Maryland due to the negligence of another party for nearly 30 years. If you require strong legal representation, contact Markey & Orsi today to schedule a consultation.
