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Maryland Estate & Probate Attorney > Maryland Workers’ Compensation FAQs

Maryland Workers’ Compensation Video FAQs

Can a worker receive Social Security disability benefits as a result of a work-related injury in Maryland?

Video Transcription:

If you are hurt at work in Maryland, not only are you entitled to workers’ compensation benefits, but you may also qualify to receive Social Security disability benefits. They are not mutually exclusive. You can receive workers’ compensation benefits as well as Social Security disability benefits. The only caveat is that there may be a set off from the Social Security benefits of what you’re receiving from workers’ compensation, so there would be a deduction of your workers’ compensation benefits potentially from your Social Security disability benefits.

Can I receive unemployment compensation and workers’ compensation benefits at the same time in Maryland?

Video Transcription:

In Maryland, there are two types of benefits. One is temporary total disability which means that you are temporarily totally disabled from performing the functions of your job. The other is permanent partial disability which is basically your permanency award. If you are receiving temporary total disability, you’re saying that I’m unable to perform my job, therefore, you cannot receive unemployment benefits at the same time. Unemployment you’re saying, “I’m ready, willing and able to work” so they are mutually exclusive.

You can receive unemployment benefits at the same time as your permanent partial disability benefits but not the temporary total disability benefits.

Do I have to be injured at my workplace to be covered by workers’ compensation in Maryland?

Video Transcription:

In Maryland, if you are injured at your workplace, you are more than likely covered under Maryland workers’ compensation. But you don’t necessarily have to be injured at work. If you are in the course of your employment, you are covered as well. If you’re driving to and from a conference that you are required to attend by your employer, that would be a situation where you’re not necessarily at your workplace, but you’re still covered under Maryland workers’ compensation.

For workers’ compensation in Maryland, what is an independent medical examination (IME)?

Video Transcription:

In Maryland workers’ compensation, independent medical evaluation or IME is when the insurance company schedules an appointment with one of their doctors to have you evaluated. That doctor is going to render an opinion whether or not your injury is related to your work injury or to determine whether or not you need additional treatment. The insurance company is going to rely on that report in making decisions regarding your claim as well as your future medical treatment.

How do Maryland workers’ comp attorneys charge for their services?

Video Transcription:

n Maryland, worker’s compensation attorneys are paid pursuant to a fee schedule that’s set by the Maryland legislature. At the end of the case when you receive your permanent partial disability award, the attorney will get paid a portion of that final award, that fee needs to be approved by the Maryland Worker’s Compensation Commission. In general, you’re not going to incur any out-of-pocket expenses by way of fees until the end of the case when you receive your permanent partial disability award.

How long after a Maryland accident do I have to report the injury to my employer?

Video Transcription:

In Maryland, if you’re injured on the job, you are required to report that injury to your employer within 10 days. It’s very important to immediately report the injury because the longer you wait the more likely the insurance company is going to contest the claim and wonder whether you actually got hurt at work or if you got injured at home or in some other extracurricular activity that did not occur at work.

I injured myself from a slip and fall on-the-job. Can I file a workers’ compensation claim against my employer in Maryland?

Video Transcription:

If you have a slip and fall at work, you are covered under Maryland Workers’ Compensation. As long as the slip and fall occurred at work or while you are in the course of your job, you would be entitled to receive benefits under the workers’ compensation system in Maryland.

If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?

Video Transcription:

Often when you get hurt at work in a workers’ compensation claim, the insurance company will send you to a doctor of their choosing, but you’re not required to see their doctor, or to receive treatment by their doctor. You have a right to be treated by any doctor or your choosing. If at any point during your claim you’re not happy with the doctor that they’ve sent you to, you can tell them that you’re not happy and seek treatment with the doctor that you choose.

Must an injured Maryland worker notify their employer of a work-related injury?

Video Transcription:

A Maryland worker who’s injured at work is required to report that injury to his or her employer within 10 days. If you fail to do so, it’s not a complete part to your claim, but it’s more likely that the insurance company is going to contest the claim and question whether or not the injury actually took place at work and in the course of your employment.

What can I do if I am not receiving my benefit check?

Video Transcription:

In a worker’s compensation claim, if you are losing time from work and you are in fact entitled to get reimbursement for that lost time in the form of temporary total disability benefits or TTD payments, if the insurance company is not paying you those benefits, you have a right to a hearing.

I would suggest that you hire a worker’s compensation attorney to file issues with the Maryland Worker’s Compensation Commission. The commission would then have a hearing to determine whether or not you’re entitled to those benefits. If you are found to be entitled to the benefits, then the commission will order the insurance company to pay you for that lost time.

What constitutes an independent contractor?

Video Transcription:

In Maryland workers’ compensation, independent contractor is someone who’s contracted to perform services on behalf of the employer. That independent contractor generally has control over where they work, when they work and how they perform the work, contrary to an employee who is told by their employer how to do the job, when to do the job and where to do the job. An independent contractor is not covered under workers’ compensation, and is not entitled to receive benefits in the event that they are injured performing those services.

What happens if I am injured on the way to or from work in Maryland?

Video Transcription:

In Maryland, if you’re going to work or coming home from work, you’re generally not going to be covered by Maryland worker’s compensation. You’re not going to be entitled to benefits. The only exception is if you are required to drive to a place that your employer requires you to be, such as a conference or an errand on behalf of the employer. Otherwise, going to work and coming home from work would be covered by the going and coming rule, which is not compensated and is not a compensable injury, under Maryland worker’s compensation.

What if the injury was the employee’s fault?

Video Transcription:

In Maryland workers’ compensation, it doesn’t matter whose fault the injury is. It’s a no-fault system. Therefore, if the injury is the fault of the employer, a co-employee, or yourself, you are entitled to benefits as long as it’s arising out of and in the course of your employment and you are in the course of your job.

What is a third-party workers’ compensation case?

Video Transcription:

In Maryland, if you’re injured during the course of your employment and that injury is caused by a third party, not only may you be entitled to workers’ compensation benefits, but you may also be entitled to file a third party claim against the negligent person who caused your injury. Please keep in mind that in the event that you do receive benefits or a settlement from your third party claim, you may have to reimburse or pay back the worker’s compensation insurance company for any benefits that they paid on your behalf during your claim.

What is temporary disability?

Video Transcription:

In Maryland, if your doctor takes you out of work and states that you’re not able to perform the functions of your job, you may be entitled to what’s called temporary total disability benefits or TT benefits. If your doctor believes that you can go back in a part-time status, you may be entitled to temporary partial disability or TPD benefits. In that case, you would get paid 50% of the difference between what you were making at the time of the accident and what you’re making doing part-time duty.

What is the process for filing a workers’ compensation claim in Maryland?

Video Transcription:

In Maryland, if your injured on the job, it’s very important to file a claim with the Maryland Workers’ Compensation Commission to protect your interest in the future. Once you’ve filed a claim, the employer has 30 days to contest the claim. If they contest the claim, a hearing would be scheduled before the commission. The commission would determine whether or not your claim is compensable. The insurer does not have to contest the claim, in which case they would automatically start benefits and pay for your medical treatment.

What should I do if I have been injured on the job in Maryland?

Video Transcription:

If you’ve been injured on the job, the first thing that you must do is report the injury to your employer. If you don’t report the injury to your employer, that may cause you problems down the road. But just because you report the injury to your employer doesn’t necessarily mean you’re going to follow what they claim or proceed with that claim. In the event that you do need to follow-up and file a claim to seek either lost wages or medical treatment, it is important that you’ve reported that claim to your employer so that they’re aware of it and they wont contest it later on.

What time limits apply in workers’ compensation cases in Maryland?

Video Transcription:

In Maryland, if you’re injured on a job, you have 10 days to report that injury to your employer. You, thereafter, have 60 days to file a claim with the Maryland Workers Compensation Commission. If you don’t file your claim within 60 days, the employer would have to show prejudice in order to have your claim dismissed. Nevertheless, you have two years to file the claim. If you don’t file within two years, then your claim would be completely barred and you would not be entitled any benefits thereafter.

If you’ve been injured on the job, the first thing that you must do is report the injury to your employer. If you don’t report the injury to your employer, that may cause you problems down the road. But just because you report the injury to your employer doesn’t necessarily mean you’re going to follow what they claim or proceed with that claim. In the event that you do need to follow-up and file a claim to seek either lost wages or medical treatment, it is important that you’ve reported that claim to your employer so that they’re aware of it and they wont contest it later on.

When are wage-loss payments made?

Video Transcription:

In Maryland worker’s compensation, if you’ve been hurt at work and you lose time from work, you’re entitled to loss wages in the form of temporary total disability benefits. Otherwise known as TT benefits. If you lose more than three days at work, you’re entitled to compensation for all of the time that you’ve missed. In order to claim that TT or that lost time, it’s important to get a slip from your doctor. In fact, in order to have that time reimbursed, you must have a doctor’s slip indicating that you are unable to work during that period of time.

Who decides my entitlement to receive workers’ compensation benefits in Maryland?

Video Transcription:

In Maryland, when you file a claim, if the claim is contested by the insurance company, that case will be set for hearing before the Maryland Workers’ Compensation Commission. The Maryland Workers’ Compensation Commission is the entity which will determine whether or not your claim is compensable and will determine whether or not you receive benefits and what those benefits will be. The insurance company does not make those decisions. Ultimately it’s the decision of the commission.

Do you have a question that’s not answered on this list? Call us at 410-255-0373.

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