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The worker’s compensation system allows working people to receive benefits for injuries sustained while on the job. While worker’s comp is most associated with manual laborers, industrial work, and construction, it is by no means the exclusive domain of these professions. Whether you work at a job site or an office, you have the right to claim benefits for injuries suffered while performing your professional duties. The MoCo Show, in collaboration with Maryland attorneys at Malloy Law Offices, has prepared this Maryland Worker’s Comp Guide to arm our readers with the facts and knowledge necessary to navigate workplace injuries and claim the compensation they are entitled to.
The First and Most Important Step
If, by some chance, you have come across this article while researching your own suspected workplace injury, your best move is to stop reading here, locate your supervisor, and report your suspected injury at your earliest convenience. One of the most common mistakes encountered by the attorneys and staff of Malloy Law Offices when evaluating worker’s compensation claims is a failure to report an injury promptly after it occurs. Prompt reportage gives the injured worker the best chance to claim the necessary benefits.
Failure to report may jeopardize your chances of receiving benefits. Remember that worker’s compensation is meant to cover workplace injuries. The longer you take to report, the harder it will be to prove that the injury happened in the workplace.
Notable Exceptions
The most relevant exception to Montgomery County residents concerns the large Federal contracting apparatus which employs thousands of people in the DC area. It should be noted that many of these workers are classified as independent contractors rather than full-time employees. Independent contractors are ineligible to claim worker’s comp. Workers should always be aware of their employment status so they can be aware of what their rights and responsibilities are in case of an injury.
Another notable area where workers comp will not keep you covered is on your commute. Maryland has what’s known as a “going and coming rule.” This states that a worker can’t receive worker’s compensation benefits for injuries sustained while going to or coming from work. The employee bears any risk incurred while on their commute.
However, there are several key exceptions to this rule that may allow an injured worker to receive compensation for injuries incurred while not, strictly speaking, “at work.” These include:
· Injuries sustained while entering or exiting your place of work
· Riding in employer-provided transportation
· Running errands outside the workplace on your employers’ behalf
· Commuting home for hybrid work
The Maryland Worker’s Comp Commission And You
Maryland’s Worker’s Compensation Commission is responsible for managing worker’s compensation claims. Completing Employee Claim Form C-1 is the first step in filing a claim. You may complete and submit this form completely online. However, if you would rather have a hard copy, you can ask for one from your employer or get one by calling the Commission. Forms are given out without charge. In addition to receiving reimbursement for your medical expenses, if your injuries qualify for worker’s compensation, you’ll also be eligible for income replacement if your absence from work exceeds three days. You will also be compensated for the first three days of work missed if you miss more than fourteen. The statute of limitations (https://www.malloy-law.com/what-is-statute-of-limitations/) for filing with the Commission is 60 days.
If your workplace injury results in a tragic permanent disability, you will receive benefits based on the type and severity of your disability. If your injury prevents you from returning to your job, you may be eligible for vocational rehabilitation and training through the commission. This program helps people who have suffered life-altering injuries re-enter the workforce. Contact the Commission for more information.
How Malloy Law Can Help
If there’s one trend to be observed in all these exceptions, it’s that worker’s compensation law is often ambiguous and open to interpretation. But there’s no ambiguity in the situation you may find yourself in after a workplace injury. You may be overwhelmed by medical bills, lost wages, and a lengthy and painful rehabilitation period. Don’t face the worker’s compensation process alone. Malloy Law’s dedicated worker’s compensation specialists are strong advocates for injured Maryland workers. Contact Malloy Law today and let their team fight for you.