Maryland Workers’ Compensation Q&A
Q: What is Workers’ Compensation?
A: Workers’ Compensation is a type of insurance provided by employers to employees and covers work-related injuries. As a result of employers providing this benefit to employees, the employees relinquish their rights to sue the employer for negligence for work related injuries. In the state of Maryland, every employer, with very limited exceptions, is required to provide Workers’ Compensation coverage to all of its employees.
Q: What injuries are covered by Workers’ Compensation?
A: For an injury to be covered under Workers’ Compensation, the injury must be an accident personal injury and arisen “out of and in the course of employment.” However, not all work-related injuries are covered by Workers’ Compensation coverage. It is best to consult with a Maryland Workers’ Compensation Lawyer to determine if your injury is covered by Workers’ Compensation.
Q: When and to whom should I report a potential Workers’ Compensation Claim?
A: A work related injury should be reported immediately to your employer as to avoid any effects on your claim. Your claim should be filed by your Maryland Workers’ Compensation Attorney with the Workers’ Compensation Commission (WCC).
Q: What is the Workers’ Compensation Claim process?
A: You should first meet with a Workers’ Compensation attorney licensed in Maryland to discuss your accidental work-related injuries and determine if they would be covered under Workers’ Compensation. Then your Workers’ Compensation Attorney will file a claim on your behalf with the WCC requesting the payment of medical expenses for the work-related injury and potentially monetary compensation for qualifying lost wages. After your Workers’ Compensation Claim has been submitted by your Maryland Attorney, the WCC informs your employer that they have a certain number of days to object to the payment of the Workers’ Compensation benefits.
Q: What if my employer objects to the payment of my benefits for my work-related injury?
A: The employer must inform the employee, his/her attorney and the Workers Compensation Commission of any objections to the payment of benefits within the required time. A hearing will be scheduled before a Workers’ Compensation Commissioner to hear all sides of the claim and determine if benefits are due to be paid to the employee.
Q: What medical benefits could I receive under Workers’ Compensation?
A: Workers’ Compensation covers medical treatments – doctors and/or hospital bills, physical therapy, medications, etc. – that fall under the insurance as related to the qualifying injury. There is a Workers’ Compensation Medical Fee Guide that dictates the payment of these medical expenses.
Q: What monetary benefits that could I receive under Workers’ Compensation?
A: Income replacement benefits are available to employees that miss more than three days of work as a result of the accidental work-related injury sustained.
Q: How much are the income replacement benefits I could receive as a result of my injury?
A: Typically, an injured employee will receive two-thirds of his/her average weekly wage, but no more than the State of Maryland’s average weekly wage during the year in which the accident occurred.
Q: How long am I eligible to receive benefits under Workers’ Compensation coverage?
A: The income replacement benefits will continue for as long as the employee is unable to work as a result of the injury or until such time that the employee reaches the “maximum medical improvement”.
This information is not a substitute for legal advice. Please contact Dolina Hobbs, LLC for a free consultation to see if you may qualify for benefits.
www.wcc.state.md.us – Maryland Workers’ Compensation Law, Maryland Workers’ Compensation Commission