Maryland Workers Comp Lawyers: How to Determine if You’re Eligible for Maryland Workers’ Compensation BenefitsFebruary 28, 2014
Workers’ compensation provides relief for medical and rehabilitation costs and lost wages for workers suffering from job-related injuries or illnesses. However, there are specific procedures to follow and limitations to a claim’s eligibility.
A number of factors determine whether a worker can receive benefits:
- Your employer must carry or be required to carry workers’ compensation coverage. Not all employers are legally obligated to carry workers’ compensation insurance. For example, for employers of agricultural, farm, casual, seasonal, domestic, leased, loaned and undocumented workers, rules differ as to the required coverage.
- You must be an employee. An employer’s workers’ compensation insurance applies only to actual employees. For businesses that don’t have employees or employ off-site independent contractors, workers’ compensation claims may not apply.
- Just getting hurt at work doesn’t ensure coverage. Maryland law stipulates that to be covered, the injury has to be from an accident arising “out of and in the course of employment.” Straining your back while lifting a heavy object at work generally wouldn’t count as an accident, for example, unless unexpected unsafe work conditions, like a slippery floor, contributed to the strain.
- Work-related illnesses are notable exceptions to the accident rule. In some occupations, long-term exposure to dangerous conditions or materials may cause medical issues that are covered by workers’ compensation.
There are four main types of benefits available through Maryland workers’ compensation programs:
- Temporary total disability, for injuries that are disabling during the recovery process.
- Temporary partial disability, for injuries that are not completely disabling during the recovery process.
- Permanent total disability, for permanent, totally disabling injuries.
- Permanent partial disability, for injuries that permanently impair without completely disabling the person.
If you suffered an occupational injury or illness in Baltimore, consult the Maryland workers comp lawyers at LeViness, Tolzman & Hamilton, P.A. to learn more about your options for obtaining the workers’ compensation benefits you need.