This page provides answers to the following questions:
If you have an accident at work, you should report an accident to your employer as soon as possible-if not immediately. Seek the appropriate medical attention if necessary.
The state workers' compensation scheme identifies the employer as the party responsible for paying out workers' compensation benefits. Every employer employing one or more employees has to provide workers' compensation coverage. The employer may elect to be self-insured or purchase a workers' compensation policy from a private insurance group.
Not all injuries are covered by the workers' compensation scheme in Maryland. In order to qualify for workers' compensation, the injury must have been the result of an accidental personal injury arising out of and in the course of employment. This means that just because your injury happen at work or while on the job does not guarantee you will qualify for benefits.
To qualify for workers' compensation, you must establish three things: 1) you are an employee 2) that suffers from an accident 3) arising out of employment and 4) in the course of employment. To be considered an employee for the purposes of qualifying for workers' compensation, you and your employer must have a traditional employer-employee relationship in existence. An independent contractor, for example, would not qualify as an employee within this construct. For an injury to be considered the result of an accident, you must show that an extraordinary event caused an unexpected result a bodily injury. The injury must also arise out of employment, meaning that the conditions or environment of the workplace contributes to the resultant injury. In addition to arising out of employment, the injury must also arise in the course of employment- that means the accident occurred while you were at work, at your place of work, and while you were working to complete your work tasks or responsibilities.
All four of these factors must be met in order to qualify for workers' compensation benefits.
Under the Maryland State law, you may qualify for one of the following types of benefits:
If you believe your injury qualifies you for benefits under state Workers' Compensation, file an Employee's Claim with the Workers' Compensation Commission.
Your employer will likely report the details of your accident to the insurance provider upon notice of your injury. The insurance provider will then evaluate the circumstances of your accident and should you request a payment of benefits, will make a determination of whether to accept liability. Your employer or employer's insurance provider may have objections or find discrepancies with your claim. If so, the parties are expected to contact you and the Workers' Compensation Commission in regards to the objections. If the claim becomes contested, a hearing will be scheduled before a Commissioner.
The Commissioner will conduct a hearing much like a judge- by listening to both sides of the case. After listening to the evidence presented, the Commissioner will make a decision, in which he can determine what benefits you are entitled to receive.
If you are unhappy with the Commissioner's determination, you may appeal the decision to the state Circuit Court. Circuit Court rules and procedures will apply.
© 2018 Workplace Fairness