There are a host of other issues that relate to Maryland workers’ compensation. Please review the articles below to see if they might resolve your question or issue. If they do not, or if you so choose, you may contact us or speak to a Maryland workers’ compensation attorney for advice.
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Disability Retirement and Workers’ Comp Benefits
Based on statute, any special disability retirement benefits that an injured worker receives will be offset from any workers’ compensation award that may be received. However, if the injured worker files for workers’ compensation benefits prior to filing for special disability retirement, and receives compensation from the Workers’ Compensation Commission, there is a strong argument […]
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Going and Coming Rule in Workers’ Comp
The going and coming rule in workers’ compensation in Maryland, says, in essence, “You cannot get workers’ compensation benefits for injuries happening while you are going to work or coming home from work.” It is the employee’s risk and responsibility to get to work safely and get home from work safely. So no, you probably […]
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Public Safety Employee Workers’ Comp
WORKERS COMPENSATION FOR PUBLIC SAFETY EMPLOYEES reprinted and amended from warnkenlaw.com with permission. WHO IS PUBLIC SAFETY? Public safety is police officers, firefighters, paramedics, and other first responders. Other types of law enforcement, cops, and prison officers sometimes qualify. In public safety, job related injuries are commonplace. In fact, according to the Maryland Workers’ […]
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Covered Employees
Covered Employees Generally, an employee is covered under the Workers’ Compensation Act if the employee is employed by a person, a governmental unit, or a quasi-public corporation that is required by law to provide workers’ compensation benefits under the Workers’ Compensation Act. Employers who are required to provide workers’ compensation benefits are those employers that […]
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Maryland Uninsured Employers’ Fund
In Maryland, an employer must carry workers’ compensation insurance. The employer is able to self-insure or obtain insurance through a private or public company, such as the Injured Workers’ Insurance Fund. If, however, an employer does not carry workers’ compensation insurance, that does not mean that an injured employee will not be able to recover […]
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Termination of Employment for Filing Claim
In Maryland, an employer is prohibited from terminating the employment of someone who was injured on the job solely because the employee filed a workers’ compensation claim. Unfortunately, the employer is able to terminate an employee who is missing time from work based on a work-related injury, or for any other lawful reason. Stated alternatively, […]
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Federal Workers’ Compensation
Federal Workers’ Compensation is governed and administered by the Federal Employees Compensation Act (FECA). FECA provides benefits to civilian employees of the United States government who have suffered work-related injuries. FECA benefits include payment for medical expenses and compensation for lost wages, as well as payment of benefits to dependents of employees who die from […]
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Independent Contractor or Employee?
The Employment Relationship In many circumstances, the employment relationship is fairly straightforward. Is my company liable for workers’ compensation? Were you an employee who had an injury in the course of employment, arising out of the employment? Yes. Sold. Workers’ Compensation. However, it is often more complicated. One area of complication is employee v. independent […]
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Subsequent Injury Fund in Maryland Workers’ Comp
Prior to the Subsequent Injury Fund (SIF), the “full responsibility” rule required the employer to pay the entire disability that followed a second accident. The “apportionment” rule required employers only to pay benefits only for the second accident. The purpose of the SIF is to persuade the employer to employ handicapped individuals by limiting liability […]
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Out-of-State
Workers’ Compensation and Work Performed Outside of Maryland Workers who usually work in Maryland but were injured out of state on an assignment are eligible for benefits under Maryland workers’ compensation. Employees who have an employment contract based in Maryland but work solely out of the Country are eligible for workers’ compensation in Maryland. Workers’ […]
