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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.

One of the biggest misconceptions I hear from injured workers is, “I didn’t break anything, so I probably don’t have a workers’ compensation case.” That simply is not true. In Maryland, many legitimate workers’ compensation claims involve injuries that never show up on an X-ray. Some of the most serious work injuries I see start as what a worker believes is “just a strain” or “just some soreness.” A warehouse employee lifts a heavy box and feels a pull in their back. A healthcare worker develops shoulder pain after repeatedly moving patients. A construction worker twists a knee stepping off equipment. None of these injuries involve broken bones, but all can affect a person’s ability to work and earn a living. Workers’ compensation covers more than broken bones Maryland workers’ compensation benefits are available for many job-related injuries, including those that develop gradually or involve soft tissue rather than fractures. Common workplace injuries that may qualify include: Back strains and sprains Neck injuries Shoulder injuries Knee and ankle injuries Repetitive stress injuries Soft-tissue injuries Aggravation of pre-existing conditions Injuries that require medical treatment, work restrictions or time off The question is not whether an injury appears dramatic. The question is whether the injury arose out of and in the course of employment and whether it affects your ability to perform your job. Why workers often hurt their own claims After more than 17 years representing injured workers, I've seen the same mistake over and over again. Someone gets hurt at work, but they decide to “tough it out.” They finish their shift. They wait a few days. Maybe they assume the pain will go away on its own. Then the pain gets worse. By the time they report the injury, the insurance company may start asking questions: Why wasn’t the injury reported immediately? Did something happen outside of work? Is this really a work-related injury? That does not mean the claim is lost, but it can make the process more difficult than it needs to be. If you are injured at work, report the injury promptly and seek appropriate medical treatment. Early documentation often becomes important evidence later. What if you already had a pre-existing condition? Another common misconception is that workers’ compensation only applies to perfectly healthy workers. That is not how Maryland workers’ compensation law works. Many workers have prior back problems, arthritis, old injuries, or degenerative conditions. If a workplace accident aggravates, accelerates, or worsens that condition, workers’ compensation benefits may still be available. Insurance companies frequently argue that pain is related to age, degeneration, or a prior injury rather than a workplace accident. That is why medical records, timely reporting, and a clear history of what occurred at work can be so important. Why moderate injury claims are often disputed Ironically, some moderate injuries face more scrutiny than obvious catastrophic injuries. A broken bone is easy to see on an X-ray. Soft-tissue injuries, strains, sprains, and pain-related conditions often require a closer review of medical records, treatment history, work restrictions, and physician opinions. Insurance companies may schedule independent medical examinations (IMEs) or dispute whether treatment is necessary. In some cases, disputes must be resolved before the Maryland Workers’ Compensation Commission. Just because an injury is not visible on an imaging study does not mean it is not real. When should you speak with a workers’ compensation attorney? If a work injury is causing pain, limiting your movement, forcing you to miss work, or affecting your ability to perform your job, it may be worth speaking with an attorney about your rights. Too many workers assume they do not have a case because they never went to the emergency room or because nothing was broken. That assumption can be costly. At Cohen, Snyder & Eisenberg, we regularly help Maryland workers navigate claims involving strains, sprains, repetitive stress injuries, and other injuries that may not appear serious at first but can have a significant impact on a person’s ability to work. If you were injured on the job, do not assume you are ineligible for benefits simply because there were no broken bones. What matters is how the injury occurred and how it affects your ability to earn a living.

Losing a spouse is one of the hardest things a family can face. When that loss happens because of a workplace accident, surviving family members are often left dealing with grief, financial uncertainty, and a long list of questions about the future. One question we occasionally hear from surviving spouses is, “If I remarry, will I lose my workers’ compensation death benefits?” Like many legal questions, the answer depends on the specific facts of the claim. Remarriage Can Affect Benefits Under Maryland workers’ compensation law, remarriage may impact a surviving spouse’s eligibility for ongoing death benefits. However, remarriage does not automatically mean benefits stop the day you get married. The outcome often depends on factors such as whether there are dependent children, when the claim arose, and how benefits were awarded. Because Maryland’s workers’ compensation laws have changed over the years, two families in similar situations may receive different treatment under the law. What If There Are Dependent Children? When children are receiving death benefits, remarriage may affect the spouse’s share differently than the children’s share. In many cases, dependent children can continue receiving benefits even if the surviving spouse remarries. These benefits often continue until age 18 and may extend longer for full-time students  attending an accredited educational program. Every claim is different, which is why it is important to review the specific award or settlement before making assumptions about future benefits. What About Settlements? Some death benefit claims are resolved through a settlement rather than ongoing weekly payments. If a claim was settled for a lump-sum payment, remarriage may have little effect because future benefits were already addressed in the settlement agreement. The language of the settlement matters, and reviewing those documents is often the best place to start. Before You Make Financial Decisions, Get Answers We’ve represented Maryland workers and families for decades, and one thing we’ve learned is that small details can make a big difference in a workers’ compensation claim. If you’re receiving workers’ compensation death benefits and are unsure how remarriage could affect your benefits, it is worth reviewing the claim documents before making assumptions. A quick review now may help you avoid surprises later and give you a clearer picture of what to expect moving forward.

Baltimore job sites move fast. Whether you work on a rowhouse in Fells Point or a highway project on I-95, risks remain high. Many workers mistakenly believe only broken bones qualify for benefits. Maryland law provides coverage for moderate injuries like sprains or strains as well. These accidents occur even when you follow every safety rule. Workers’ compensation exists to protect your future when the physical nature of the job causes harm. Ladder and scaffolding falls A slip while painting a tall rowhouse changes your life in seconds. These falls cause broken bones, severe sprains or lasting back injuries. Even a moderate sprain keeps you from your shift. Maryland worker’s compensation law covers medical bills and lost wages for these incidents. Struck-by incidents Busy Baltimore port sites feature heavy machinery and moving cargo. Falling tools, loose materials or moving vehicles cause concussions, crush injuries or fractures. Your employer’s insurance must support your recovery no matter who caused the accident. Overexertion injuries Repetitive motions during long shifts take a heavy toll. Lifting heavy materials leads to painful hernias, back strain or shoulder damage. You do not need a single sudden event to qualify. Caught-in/between accidents Heavy equipment on highway projects creates constant danger. Workers suffer hand injuries, amputations or soft tissue damage when machinery pinches limbs. These events require immediate care and full financial support. Electrical injuries Renovating old city buildings brings high electrical risks. Faulty circuits cause deep burns or hidden nerve damage. You might feel fine at first, but electrical shocks often create long-term health issues. Protecting your future and your health Insurance adjusters often downplay your pain to protect their profits. Dealing with the Maryland claims system alone frequently might result in lower payments or denied care. Strong representation ensures you receive every benefit you deserve while you focus on your recovery.

One of the most common things we hear from injured workers is, “The insurance company says my injury isn’t covered because I’ve had this problem before” Maybe you hurt your back years ago. Maybe you’ve been dealing with arthritis in your knee. Maybe an old shoulder injury never completely went away. Many Maryland workers assume that a pre-existing condition automatically disqualifies them from workers' compensation benefits. In most cases, that’s simply not true. Having a pre-existing condition does not automatically defeat your claim Maryland workers’ compensation law recognizes an important reality: people are not hired as perfect physical specimens. Workers bring their medical history with them to the job. Bad backs, worn-out knees, prior surgeries and degenerative conditions are common, especially for people who have spent years working physically demanding jobs. What matters is not whether the condition existed before. What matters is whether your work accident made that condition worse. For example, imagine a warehouse employee who has occasional lower back pain. One day, while lifting heavy materials, he experiences severe pain shooting down his leg and can no longer perform his job. The fact that he had some prior back problems does not automatically prevent him from receiving benefits. The key question is whether the work injury aggravated, accelerated or worsened the underlying condition. Insurance companies often focus on your medical history Insurance companies frequently point to old medical records when evaluating a workers’ compensation claim. They may argue: Your symptoms existed before the accident. Your MRI shows degenerative changes. Your condition is age-related. Your current problems are the result of a prior injury rather than a workplace accident. In many cases, however, a worker was able to perform their job before the accident and cannot do so afterward. That distinction can be extremely important. Just because a condition existed before the injury does not mean the workplace accident played no role in your current disability. What happens if your claim is denied? A denied workers’ compensation claim is not necessarily the end of the case. In Maryland, injured workers can request a hearing before the Maryland Workers’ Compensation Commission by filing Issues. At the hearing, medical records, physician opinions and other evidence can be presented to show how the work injury aggravated the pre-existing condition. Medical evidence is often critical. A treating physician or medical expert may be able to explain why the worker’s symptoms worsened after the workplace accident and why treatment remains necessary. Don’t assume an old injury destroys your case At Cohen, Snyder & Eisenberg, we regularly speak with Maryland workers who have been told that their claim is weak because they previously injured the same body part. In many situations, that is simply not the end of the story. The real issue is whether your work accident made the condition worse, increased your symptoms or created a need for additional medical treatment. If it did, you may still be entitled to workers’ compensation benefits under Maryland law. An old injury does not automatically give the insurance company a free pass.

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.

In Maryland, you can file a workers’ compensation claim for a repetitive stress injury, but certain factors must be considered. Repetitive stress injuries (RSIs) develop over time due to repeated motions or overuse of body parts. Jobs that involve activities like typing, lifting, or using tools can increase the risk of developing such injuries. Filing a claim for an RSI isn’t as straightforward as for a sudden injury. What is a repetitive stress injury? A repetitive stress injury occurs when muscles, tendons, and joints are overstressed by repeated movements. Examples include carpal tunnel syndrome, tendinitis, and back pain from prolonged sitting or lifting. These injuries can cause pain, swelling, and mobility issues, making it difficult to perform daily tasks. How to prove your repetitive stress injury To file a successful workers’ compensation claim for an RSI in Maryland, you need to show a connection between your injury and your work duties. Unlike sudden injuries, RSIs develop gradually, making it harder to link directly to your job. Medical documentation is crucial, including doctor visits, diagnostic tests, and expert opinions to support your claim. Reporting your injury and filing the claim If you believe your RSI is work-related, report it to your employer as soon as possible. Maryland law requires you to notify your employer within 10 days of discovering the injury. Once reported, your employer’s insurance will review the claim. You may need an independent medical examination (IME) to verify the injury’s cause and severity. Workers’ compensation claims for RSIs are complex, but if well-documented, you may be entitled to medical treatment and compensation for lost wages. If approved, you may receive benefits for medical expenses, wage replacement during recovery, and possibly vocational rehabilitation if you can’t return to your previous job.

People who get hurt on the job often feel overwhelmed. The potential consequences of their situation make them anxious. They worry about their employers retaliating against them or the costs associated with medical care. They may fear financial pressure stemming from an inability to work. Maryland Workers’ Compensation can also provide support to those diagnosed with work-acquired medical conditions. Cumulative trauma and various illnesses can be the result of work obligations. Although employees can theoretically manage Workers’ Compensation claims on their own behalf, they may benefit from securing the support of an attorney as they apply for benefits. How can employees choose the right legal professional to assist them during a Workers’ Compensation claim? Look at experience Some lawyers are fresh out of college. While they may be passionate about helping their clients, they may not have much hands-on experience navigating the sometimes complex Workers’ Compensation process in Maryland. Those who are unfamiliar with the rules established by the Maryland Workers’ Compensation Commission and the various benefits available may not offer the same support as those who have previously assisted with significant claims. The more experience attorneys have, the easier it is for them to help clients optimize the benefits that they receive and navigate complicated claims. Consider how professionals treat clients To some attorneys, each client is just a file and an invoice. They practice Workers’ Compensation law because it provides a steady stream of prospective clients, as people get hurt on the job all the time. Others go into Workers’ Compensation law because they feel passionate about helping employees and assisting them during their recovery process. Decades of hands-on experience and a demonstrated track record of helping clients optimize their benefits can make one firm stand out from most others. Injured workers want to partner with attorneys who treat them as people with unique needs and hopes, not just a source of income. Those coping with work injuries often feel incredibly stressed and may not want to spend weeks interviewing prospective lawyers. Partnering with a firm that has substantial experience and that specializes in advocating for injured employees may be the best possible option. Reaching out to the team at Cohen, Snyder, Eisenberg & P. A. can be a smart move for those who need to file a Workers’ Compensation claim. Clients can rely on more than 50 years of experience and personal attention to facilitate a smoother claims process.

Suffering a workplace injury is a unique experience for everyone. If you get hurt, you might realize immediately that you have sustained a very serious injury that requires emergency care. Or, you may think it’s a relatively minor injury. Whatever the situation, it’s important to make sure that you take some key steps (or that someone else does so for you) after suffering a workplace injury. Get medical attention Even if your injury doesn’t warrant going to the hospital or an urgent care facility, get medical attention as soon as possible. This will help to ensure that your injuries are documented by a doctor so they can be tied to your job. You also may have internal injuries, like a traumatic brain injury (TBI) that will only show up on an MRI or other scan. Report the injury to your employer Make sure your employer knows about your injury. Whether your manager or someone in authority is at the scene of the injury or not, be sure they know about the incident, complete the appropriate report and document the facts correctly. You don’t want your employer reporting something inaccurate about the circumstances or your condition after the accident. Collect evidence While your mind might not be on taking photos of your injuries, any unsafe conditions or the aftermath of the accident, someone should. If you can, ask one of your co-workers to do that and send them to you. Pay attention to who was around so you can refer your manager, their workers’ comp insurer or anyone else who needs witness statements to them. As soon as possible, document what you were doing at the time, exactly when and where the accident occurred, who was around and who was notified. File a workers’ comp claim as soon as possible The Maryland Workers Compensation Commission typically requires injured workers to file a claim within 60 days. The sooner you file, the sooner you can begin pursuing the benefits you need and deserve. It’s crucial to submit all necessary information and documentation to avoid having your claim delayed or denied unnecessarily. Get to know your rights It is always advisable to learn as much as possible about your right to workers’ compensation – especially if you’re getting pushback from your employer about filing a claim. Your employer shouldn’t try to talk you out of filing one or threaten retaliation. Getting legal guidance can help you protect your rights, fight any initial denial and expedite your claim. Contact Cohen, Snyder & Eisenberg, P.A. to learn about how we can help.

Getting hurt at work can be a frustrating experience. Professionals may feel embarrassed when they report an incident to their supervisors. They may worry about losing income because of their injuries. Especially for those in physically-demanding careers, an injury could lead to weeks away from work. The injured employee may also need to address the cost of treating their injuries. Modern medical care can cost tens of thousands of dollars, especially when injuries are serious. When a professional gets hurt on the job, they may be eligible for workers’ compensation benefits. Most businesses in Maryland have to carry insurance that covers their workers and indemnifies the organization from injury-related liability. Workers’ compensation coverage can provide disability benefits. Injured workers may also qualify for medical benefits. What types of medical care can workers’ compensation cover? Employees can receive full medical coverage Workers’ compensation medical benefits are relatively robust. Unlike standard health insurance, workers’ compensation medical coverage does not impose any patient responsibility costs. Workers do not have to cover a large deductible before workers’ compensation starts paying for their care. They do not have the responsibility to pay any coinsurance or co-pays. Generally speaking, workers’ compensation can cover the cost of any medically-necessary treatment and expenses related to long-term symptom management. The doctor overseeing the worker’s treatment proposes a plan based on the diagnosis of the worker and other factors. They may recommend treatment that includes medication, physical therapy and even surgery. Workers’ compensation can pay for all medically-necessary treatment recommended by the physician overseeing the case. However, benefits may change when a worker stops responding to treatment. In cases where a medical condition is likely to produce lasting functional limitations, doctors may eventually determine that the patient achieved maximum medical improvement (MMI). At that point, the worker may only be eligible for benefits that cover symptom management as opposed to treatment for the condition itself. In scenarios where workers dispute a designation of MMI or question a doctor’s treatment plan, they may need help asserting themselves and getting the care they truly require. Learning more about workers’ compensation benefits can be helpful for injured professionals. Medical benefits can help reduce the long-term financial impact of a workplace injury.

When most people think of a need for workers’ compensation benefits, they picture a middle-age or older worker in a potentially dangerous job like construction or some kind of manufacturing or industrial work. The fact is that most workers in Maryland are eligible to receive workers’ comp for an “accidental personal injury arising out of and in the course of employment.” That includes teen workers. While most teens who work after school, on weekends and/or during vacations don’t think about workers’ comp and maybe even have never heard of it, they should know that minors have the same right to these benefits, which cover medical care, wage reimbursement and even vocational rehabilitation, as adults do. Their parents need to know about their rights also. What if a minor is illegally employed? Both federal and state child labor laws and other labor regulations detail what kinds of jobs workers who are under 18 can do, at what ages kids can be employed in any job and when work permits are required. Unfortunately, not all employers abide by those laws. So, what if a minor who is illegally employed suffers an injury? Fortunately, under Maryland law, they aren’t penalized when it comes to getting workers’ comp benefits. In fact, they may be eligible for more benefits because their employer wasn’t abiding by the law. Maryland law states that the Maryland Workers’ Compensation Commission “may double the amount of compensation and death benefits” authorized by the law. Further, the law stipulates that “the employer of the minor is solely liable for the increased amount of compensation or death benefits….” That means the employer can’t ask their workers’ comp insurer to pay that extra amount owed. Protecting minors’ rights Teens who suffer an injury that entitles them to seek workers’ comp benefits may face pressure from their employer not to file a claim. They may even be given inaccurate information – intentionally or not – about their rights to workers’ comp and what retaliatory action could take if they do. If their employer hasn’t been following the law, that’s even more likely to happen. This is just one reason why it’s crucial for parents to understand their children’s rights under the law and to help them assert those rights if necessary. Having sound legal guidance can help minors get the workers’ comp benefits they deserve.

For many people, a steady full-time job is their main professional goal. They want the benefits and stability that come from working consistently at the same company. Others may only need seasonal or part-time employment. They may have already retired, may have a full-time job or may devote most of their energy towards caring for their families because they have a spouse who works full-time. Those working seasonal or part-time jobs may enjoy flexible scheduling and more time at home. Unfortunately, only working part-time does not eliminate the possibility of a job-acquired injury or an illness related to work responsibilities. Part-time workers can end up with major medical challenges caused by their work. Are they eligible for workers’ compensation benefits if they get hurt as a seasonal or part-time employee? Scheduling does not influence benefit eligibility There are certain scenarios in which workers may not be eligible for workers’ compensation benefits. If they are independent contractors rather than employees, they may not qualify for workers’ compensation benefits. Likewise, casual employment may not be covered employment. Workers also need to show that their conditions are a direct result of their employment. Getting hurt on the way to or from work usually does not make an employee eligible for workers’ compensation. However, getting hurt in the Employee’s designated parking lot  or walking from the parking lot into work is usually covered as are injuries after clocking in for work. Both injuries sustained at work and medical conditions acquired because of job responsibilities may be eligible for workers’ compensation coverage. Part-time or seasonal employees can qualify for the same medical benefits as those who are full-time, permanent employees at an organization. They may even be able to receive disability benefits to replace a portion of their lost wages. If their medical issues affect their ability to work or force them into lower-paid jobs, they may be able to request disability benefits. Regardless of how long someone has been with a company or how many hours they work, they could be eligible for benefits after getting hurt at work. Those in unusual work arrangements may have more challenging workers’ compensation claims ahead of them. Learning more about the rules that govern benefits can help workers get the assistance they need when an injury at work requires medical care or affects their employment.