No experienced Maryland Worker's Compensation Lawyer should ever recommend that you file a Maryland Worker's Compensation Claimwithout at least a consulting a lawyer first. If you are hurt or injured in an accident at work, what you do and say (and often what you don't say) can be used against you by your employer's insurance company during the claim process.
Schifanelli Law, LLP
Contact US (410) 263-0028
Contact Schifanelli Law, LLP at 410-263-0028 for an initial consultation with a Lawyer in Annapolis.
2450 Riva Road, Suite 201, Annapolis, Maryland 21401.
Serving the Maryland, Anne Arundel, Glen Burnie, Annapolis and Washington D.C. Communities.
Maryland Worker's Compensation Laws cover most employees when they are hurt or injured at work. However, there are exceptions and, still today, some grey areas. Generally, worker's compensation benefits do not extend to true contractors who perform certain jobs or tasks on behalf of the employer. However, just because your employer pays you on a 1099 basis or categorizes your relationship as a "contractor," you may still legally be an "employee" for Maryland worker's compensation purposes. Much depends on the type of work you perform and how much control and direction your employer exercises over you and your work. On the other hand, a "casual employee" is one who is hired for, basically, a single job and with the clear intent that the employment is not permanent. Whether or not an employee is truly "casual" for worker's compensation coverage depends on similar considerations, such as the duration of the job and scope of the work. Contact an Annapolis Work Injury Lawyer today to discuss.
It's a no-fault system, and so negligence on your part is largely irrelevant: as long as you were hurt "on the job" you should be covered. This includes injuries caused by being assaulted by a co-employee or a third party (for example, a client), and as long as it was not your "willful misconduct" that caused the fight or assualt in the first place. See Board of Education v. Spradlin. If you are injured in a fight or assaulted at work, the employer may still be liable for your medical expenses, as well as any lost wages and other benefits. In the case of an injury willfully caused byanother employee or third party, you may now have a civil suit in a Maryland court of law against him or her. Contact an Annapolis Work Injury Lawyer today to discuss.
As long as the injury arises out of your employment, you should be covered. Additionally, as in the employee who assaults a co-worker on the job, you may have what is called a "third party case." Third party suits are not uncommon. For example, if you are driving a company vehicle in the scope of your work and another motorist causes an accident in which you're injured, you are entitled to the compensatory benefits under Maryland's "no-fault" worker's compensation laws, but you may also have a civil case in a Maryland court of law for personal injury and other damages against the other driver. Contact an Annapolis Work Injury Lawyer today to discuss.
Of course, there are employers who ignore the law and employ workers without first having worker's compensation insurance. Even so, if you are hurt on the job in Maryland and you are still able to proceed with filing a claim. The Commission will notify the Maryland State Uninsured Worker's Fund. The Fund will step into the shoes of an employer's insurer, and its staff and lawyers will handle the case from that angle. For example, they can object to a claim if they believe the accident or injury didn't happen. If the Fund is ordered to pay (taxpayer) money for your benefit, their lawyers will go after the violating employer directly for reimbursement to the State. Contact an Annapolis Work Injury Lawyer today to discuss.
If you are hurt in an accident while working, or you develop a physical ailment or condition that you believe is caused by the work that you do, contact a Maryland Worker's Compensation Lawyer in Annapolis who can advise and assist you with getting the help and benefits that you need.