Maryland Workers’ Compensation Attorney
For over 100 years, the Maryland workers’ compensation system has been the exclusive recourse for workers injured on the job to get compensation for their medical expenses and receive benefits while they are disabled from working. The system is intended to provide workers with assurances that if they are hurt on the job, these benefits will be provided through a simple claims process, without the employee having to go to court or prove that another party was negligent or somehow responsible for the accident. Unfortunately, the process is not so simple, and success is anything but assured. In fact, there are many ways a company may find to deny benefits to an injured worker. If you have been hurt on the job, an experienced Maryland workers’ compensation attorney can be invaluable in helping to make sure your claim is successful. Frame & Frame has been helping injured workers obtain workers’ compensation benefits in Maryland for over 50 years.
- Workers’ Compensation Claims
- Workers’ Compensation Employee Rights
- Wages & Medical Expenses
- Rehabilitation & Permanent Disability
Workers’ compensation got its start in Maryland, which was the first state to pass limited workers’ compensation legislation back in 1902, according to research published in the U.S. National Library of Medicine. While that first law was not comprehensive, we now have a system that allows injured workers to receive medical care and wage benefits, regardless of fault, when they get sick or injured on the job. The system was originally designed to free up the courts and provide immediate assistance to injured workers and their families. It was a trade off that allowed workers some form of insurance in the event that they got hurt or maimed at work, and allowed employers to have access to a more loyal workforce that was willing to work hard at their job with less fear of being discarded and mistreated in the even that they suffered from a workplace accident. However, not everything went according to plan.
The Current State of Workers’ Compensation
Now, workers’ compensation laws have been “reformed” by large employers and their lobbyists, and it is much easier to deny an injured worker his or her benefits than ever before. Because of this, injured and sick workers need legal assistance after all, and sometimes cases do end up in court, which was not the original plan at all. However, you need to take appropriate steps to protect your rights, and an attorney is necessary to accomplish this. The workers’ compensation attorneys at Frame & Frame can handle all of the following issues for you:
- Workers’ Compensation Claims;
- Workers’ Compensation Employee Rights;
- Wages & Medical Expenses; and
- Rehabilitation & Permanent Disability.
Workers’ Compensation Claims are Often Unfairly Denied
Employers and insurance providers will do or argue almost anything to keep from paying a claim. They may deny your claim because they say:
- That the injury was not caused “out of and in the course of employment,” which is a necessary element according to the Maryland Workers’ Compensation Commission. For instance, your employer could argue that when you were struck by a car while walking to the grocery store across the street from you office, you were not in the course of employment. However, if you were crossing the street to purchase office snacks or supplies, for example, it could be argued that you were in the course of employment;
- That the injury was not an accident;
- That the injury is exaggerated;
- That the injury was a preexisting condition;
Employers and insurance companies may try to deny your claim
Maryland workers’ compensation covers injuries that occur on the job. Specifically, the law covers accidental personal injury arising out of and in the course of employment. Taking this sentence apart, you will see that there are many different ways an employer or workers’ comp insurance carrier may find to deny or dispute your claim. For instance, they may claim:
- The injury was not “accidental.” An accidental injury must take place unexpectedly or unintentionally, by chance and without design. Some may try to claim that you caused the injury intentionally.
- You did not suffer a “personal injury.” Your employer or carrier may claim that your injury is exaggerated and not as serious as you say it is. They may even assert that you are deliberately faking an injury to collect benefits.
- Your injury did not “arise out of” your employment. This is a complicated factor, requiring that the injury is somehow related to the condition under which your work was required to be performed. Arguing or litigating this aspect of your injury can be complex and require the assistance of knowledgeable and experienced attorneys.
- Your injury did not occur “in the course of” your employment. The employer may claim that the accident did not occur while you were working or performing your job duties, but instead while you were on break or under some other circumstance. They may allege that you were injured outside of work and are falsely claiming a work injury in order to get workers’ comp.
Maryland Workers’ Compensation FAQs
If you have been injured on the job, you may know about workers’ compensation, but you likely have several questions about how to go about filing a claim and collecting benefits. Below are answers to some of the questions the attorneys at Frame & Frame hear most often as they help employees throughout Maryland with their workers’ compensation claims. If you have other questions or need assistance with a claim or denial, call our offices in Pasadena (410-255-0373) or Stevensville (410-643-2202) for a no-cost, confidential case evaluation.
Do all employers carry workers’ compensation insurance?
As long as a company employs at least one covered employee, that company must provide workers’ compensation benefits to an employee injured on the job, either through workers’ compensation insurance or through self-funding.
What is a covered employee?
Maryland workers’ compensation only covers actual employees and not independent contractors. Some companies may claim to hire their workers as independent contractors in order to avoid covering them for workers’ comp, even though they are actually treated as employees. If you were injured at work and the company claims you are an independent contractor, talk to an attorney about your status to see if you are truly a contractor or an employee.
In general, workers are presumed to be employees, and it is up to the employer to prove otherwise by establishing that the worker is an independent contractor or is specifically exempted from covered employment under Maryland workers’ compensation law.
Why don’t I get benefits for the first three days after my injury?
If your period of disability lasts less than 14 days, your wage replacement benefits kick in after the first three days of your injury. However, if your period of disability lasts more than 14 days, you can receive income replacement beginning from the date of disability, unless your employer paid you for those days. The best way to ensure that you are getting all of the benefits to which you are entitled is by talking to an experienced Maryland workers’ compensation attorney. Call Frame & Frame for a free consultation about your case. We maintain offices in Pasadena (410-255-0373) and Stevensville (410-643-2202) and help injured workers statewide.
Assert your rights to Maryland workers’ compensation
Employers and their insurance companies hire lawyers who restrict their practice to fighting workers’ compensation claims. You deserve to have a Maryland workers’ compensation attorney on your side who is only looking out for you and is dedicated to the success of your claim. In Maryland, call Frame & Frame for compassionate, dedicated assistance and unparalleled personal service, with offices in Pasadena (410-255-0373) and Stevensville (410-643-2202).