Workman’s compensation is a State mandated insurance program that provides monies to employees who suffer job related injuries and/or illnesses.  The Federal Government also administers a workers’ compensation program for Federal and other employees that work for the Federal Government.  However each State including the State of Maryland has its own particular and specific laws and programs for workers’ compensation benefits.  In order to find out more about Maryland’s specific workers’ compensation laws please go to www.wcc.state.md.us.

Generally an employee who works for an employer with a work related illness or injury can receive workers’ compensation and benefits regardless of who is at fault.  In other words it doesn’t make a difference if it is the employee’s fault, a co-worker, a customer or some other third party.  However because you are entitled to receive benefits without at fault provision an employee does not then have the right to sue the employer directly in civil court.  They can only proceed under workers’ compensation.

Does an employee have to be injured at the work place in order to be covered by workman’s compensation benefits and laws?   No.  As long as the injury is job related it is usual covered.  However there are exceptions.  For example if you are traveling on business or doing a work related errand or even attending a business related social function they could possibly and most likely would be covered.

What kind of specific benefits can I receive under workman’s compensation laws?  The workman’s compensation system is designed to provide replacement income (TT), medical expenses, and sometimes will allow vocational and rehabilitation benefits.  Vocational and rehabilitative benefits are on the job training, schooling and sometimes job placements assistance.  These benefits are paid through workman’s compensation insurance company but sometimes they are very small and modest.

If you are unable to work your job you are entitled to receive two-thirds (2/3) of your average weekly wage up to a set fixed ceiling as enumerated by the Maryland Legislature.  These payments are tax free.  You are technically eligible to receive these benefits as soon as you are not working.  However sometimes it does take several weeks in order to receive any benefit checks. 

If you become permanently unable to work and are unable to do the work that you were doing prior to the injury or you are unable to work at all you may be eligible to receive long term benefits and/or a lump sum payment.  The amount of the payment and monies will depend upon the “nature and extent of your injuries”.  If you are permanently unable to work you may qualify for Social Security Disability Benefits.

Can I use my own doctor to be treated?  Does my employer provide a doctor for my treatment?  In Maryland you have the absolute right to see your own doctor to be treated.  However an employer has the absolute right to have you evaluated by their doctor to have an independent medical examination (IME).  There is no question that your doctor’s report will have a big impact on the benefits that you receive or don’t receive.  Please keep in mind that a doctor paid for by the employer’s insurance company is not there to necessarily help you.  The desire for that doctor to receive future business from the insurance company may undermine, rationalize or diminish your injury and indicate that in the report.  I always recommend that it is better for someone to have their own physician.

If I have already been treated by an insurance company doctor can I be treated by my own doctor subsequently?  The answer to that question is yes.  Even if you have been treated by for example Concentra which is one of the largest treatment facilities in the State of Maryland for workman’s compensation benefits through employers, you may still go to your own physician at anytime but I recommend getting a doctor that specializes in your injury or illness even if the cost is greater. 

Who pays workers’ compensation benefits?  In Maryland employers are required to purchase insurance for their employees from a workers’ compensation insurance company also known as an insurance carrier.  When an employee is injured his/her claim is filed with the insurance company.  That insurance company will be the carrier that handles the workers’ compensation claim.  However there is a fine note that I think everyone should understand and be aware of.  Simply because your employer files a claim with the insurance company does not necessarily mean that they have filed “a claim” with the Workman’s Compensation Commission.  It is extremely important that you file your claim within sixty (60) days of your accident with the Workman’s Compensation Commission because after that you will be forever barred from filing a claim unless the Commission “forgives said tardiness”.  The reason that I believe that this is important is because after the time period extinguishes the insurance carrier has no motivation to help you or follow through with the claim because a claim cannot be presented against them to the Commission. 

Are all on the job injuries covered by workers’ compensation?  The answer to that is that workers’ compensation laws cover almost all but not all injuries on the job.  The key is whether or not it was an “accidental injury” on the job.  However there are some limits.  Generally injuries that occur because an employee is intoxicated or using illegal drugs or acting in some other type of manner are not covered by workman’s compensation laws.  Coverage may also be denied in situation involving things such as self inflicted injuries, fighting, injuries occurring during a crime, injuries suffered while the employee was not on the job, injuries suffered when the employee’s conduct violates company policy. 

Do workers’ compensation benefits cover only injuries or does it cover long term problems and illnesses?  To qualify for workers’ compensation benefits the injury does not necessarily need to be caused by an accident such as a fall from a ladder or off a truck.  You may be eligible to receive workers’ compensation benefits for injuries that are caused by over use or misuse over a long period of time, for example repetitive stress injuries such as carpal tunnel syndrome or back problems.  You may also be compensated for some other diseases that are gradual that are a result of work conditions such as heart conditions, lung disease and stress related digestive problems.

Who is covered by workers’ compensation benefits?  Almost all employees are eligible for workers’ compensation coverage but some people are excluded such as business owners, independent contractors, casual workers, farm workers, maritime workers, railroad employees and unpaid volunteers.

Can I ever sue my employer in Court outside workers’ compensation benefits for a work related injury?    The answer to that question is yes if you are injured because of some recklessness or intentional action of another employee or employer you can sometimes bypass the workers’ compensation system and sue your employer in Court for full damages, including punitive damage, pain and suffering and compensatory as well as mental anguish.

Summary.  It is my recommendation and advice that as soon as the injury occurs that you seek medical treatment as quickly as possible.  It is also very important to contact my office so we can then file a workers’ compensation claim and obtain “B” number with the workers’ compensation commission.  This will protect you and validate your claim. 

Many times employers try to persuade employees from filing a claim because it makes their insurance premiums rise.  Don’t let your employer bully you or force and/or intimidate you into not filing a claim.  Call my office immediately to set up a time so we can file your claim for you.