Construction work is physically demanding and dangerous. One wrong move can lead to serious injury. When you get hurt on the job, you need to act fast. Maryland workers’ compensation laws provide protection, but it’s very important that you follow the right steps. Here is what you need to do immediately after a construction-related injury. Report your injury to your supervisor immediately Many workers make the mistake of staying quiet. Do not wait because the pain seems minor or you think you can tough it out. Never ignore a minor sprain or a dull back ache. Remember, you are protected under the law. Maryland gives workers the right to report injuries and recover compensation after an injury on the job. Tell your supervisor about your injury as soon as it happens. Maryland law requires employees to report workplace injuries within 10 days. Missing this deadline can cost you your workers’ compensation benefits. Put your report in writing, if possible. This creates an official record that documents your injuries and protects your legal rights. Get medical treatment right away See a doctor even if you believe the injury is not serious. Under Maryland law, you have the right to choose your own treating physician. However, if your employer directs you to a specific medical provider, you may opt to go there first, but you are never forced to stay with their doctor for your ongoing care. Tell your doctor about every symptom you experience, no matter how small it seems. Additionally, keep copies of all medical bills, prescriptions and treatment notes. This documentation can become critical evidence when pursuing your claim. Many injured workers worry that a pre-existing medical condition will disqualify them from receiving benefits. In Maryland, that is not necessarily the case. If a workplace accident aggravates an existing condition, you may still be entitled to compensation. Contact a workers’ compensation attorney Speak with a workers’ compensation lawyer before you provide any recorded statements to insurance companies. Some employers say they will take care of you without formal paperwork. Avoid accepting these verbal promises without documentation. Without filing an official claim, you may have limited legal protection under Maryland workers’ compensation law. Securing the compensation you deserve Construction work comes with significant risks, and injuries can happen despite your best efforts. When they do, knowing the proper steps to filing a workers’ compensation claim can affect your recovery. Construction workers who suffer job site injuries in Baltimore, Bel Air, Essex, Frederick, Glen Burnie or Towson can call the team at Cohen, Snyder & Eisenberg, P.A. for support. Our team provides free consultations and has over 50 years of experience serving the Baltimore area. Click here or call 1-800-INJURED to discuss your construction injury claim and get the compensation you need to recover.
Drug use can complicate workers’ comp claims
Drug use in the workplace can inspire serious consequences for both workers who are trying to avoid occupational harm and for some who have already suffered due to work-related circumstances. For example, in Maryland, workers who are injured on the job are generally entitled to benefits regardless of fault. However, if drug use played a role in causing their work-related harm, those benefits can be denied or significantly reduced. Proving—or disproving—that connection often becomes a central issue in workplace injury cases involving positive drug tests. Workers’ comp is a no-fault system… most of the time Under Maryland law, employers or their insurers can argue that intoxication or drug impairment was the primary cause of an accident. If successful, this defense can prevent an injured worker from receiving compensation for medical care, lost wages or disability. The key question is causation: Did the drug use directly contribute to the injury, or did the accident occur independently of any impairment? For example, a worker who tests positive for an illegal substance after being struck by falling equipment may still be eligible for benefits if their impairment had no role in the incident at issue. Recent research underscores how pervasive workplace drug use has become in recent years. For example, a recent survey published by the National Safety Council indicates that one-third of American workers have witnessed the use of cannabis by others during work hours. Additionally, “More than half of employers that eliminated THC testing reported an increase in incidents or workplace performance concerns.” This trend suggests that many workers use marijuana while on the clock, potentially due to stress, chronic pain or “simply” accessibility. Marijuana use can cause drowsiness, confusion, apathy and slowed reaction times—all of which heighten the risk of workplace accidents. Even so, a positive drug test does not automatically disqualify a worker from receiving benefits. The Maryland Workers’ Compensation Commission requires evidence that the intoxication directly caused the injury at issue in a workers’ claim. A skilled legal team can help affected workers – who are obviously not alone, given the widespread nature of drug use in the workplace – to make their case as successfully as possible. Employers and insurers often use drug test results to limit liability, but workers still have rights. Anyone facing a disputed claim due to alleged drug use is generally wise to seek immediate legal guidance accordingly.