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Many professionals in Maryland know that their jobs come with a degree of risk. It only takes a small oversight for someone operating a machine press or a similar piece of heavy equipment to end up seriously injured. Most businesses in Maryland have to carry workers’ compensation coverage to protect their employees. Part-time and full-time workers and even seasonal employees can qualify for benefits when they have job-acquired medical issues. Unfortunately, some scenarios may lead to complicated or even contested claims. Workers  may fear that their employers could try to fight their claims in certain circumstances. A worker who feels responsible for their injuries might assume that they cannot pursue a workers’ compensation claim. Thankfully, fault does not generally influence eligibility for benefits. Workers have the protection of no-fault coverage The workers’ compensation program in Maryland helps protect businesses from financial liability and employees from potential financial devastation. Companies that comply with the law don’t have to worry about workers suing them over an injury they develop because of their work. Their workers’ compensation helps indemnify them against any direct liability for worker injuries or illnesses. Workers can rely on benefits when they require medical care for a job-related health challenge or cannot work due to their condition. Employees don’t have to worry about proving who was at fault when they need benefits. Workers’ compensation coverage is available on a no-fault basis. Even if there were witnesses present who saw someone trip over their own untied shoelace or video footage of the worker making a mistake, errors on the job usually do not eliminate benefit eligibility. So long as the worker did not injure themselves on purpose or through intoxication on the job, they can potentially still seek benefits even when it is clear that they are technically to blame for their injuries. They can obtain medical benefits that can cover their treatment costs and disability benefits to replace their wages while they cannot work. Occasionally, workers may need to be ready to appeal if employers or insurance providers try to deny them the benefits they need. Learning more about how Maryland workers’ compensation functions can help employees obtain the support they require. Workers can file a claim regardless of the underlying cause of their injuries in most cases.

Workers’ compensation coverage in Maryland is typically available to individuals in many different professions. Part-time and seasonal workers, employees on their first day and even teenage cashiers may be eligible for workers’ compensation benefits if they get hurt on the job. Some professionals, including blue-collar employees, may try to avoid using workers’ compensation. They worry about alienating their employer or believe they have the necessary resources to handle the issue on their own. For example, if a worker breaks their leg on the job, they may believe they can use their own health insurance coverage to pay for their treatment. They could cash in their paid leave benefits until they recover enough to return to work. What those workers may not realize is that they may ultimately absorb thousands of dollars in losses if they don’t file a workers’ compensation claim. Broken legs take months to heal The first important consideration for a blue-collar worker with a broken leg is how long their body requires to heal the injury. The recovery time depends on what bone someone breaks. Femur fractures are relatively rare, while tibia and fibula fractures are somewhat more common. The femur does take longer to knit than the tibia or fibula. However, regardless of what bone a worker breaks, they can anticipate missing two months or more of work unless their employer can accommodate them. Someone with a broken bone in their leg probably can’t be on their feet all day. They cannot perform the arduous tasks associated with blue-collar work. They could easily burn through all of their accumulated paid time off benefits and still have several weeks of recovery time ahead of them. Workers’ compensation coverage provides disability benefits. Temporary disability coverage can replace 2/3rds of the worker’s lost wages, tax free, until they can get back to work. This saves the workers accumulated sick leave for off-the-job injuries or illnesses they may encounter. They may also be eligible for partial disability benefits if their employer moves them to a different position and reduces their wages. Those benefits allow the worker to preserve their paid leave without losing all of their income during their convalescence. Additionally, the health benefits available through workers’ compensation are quite valuable. Most health insurance plans have high deductibles and also coinsurance requirements. Someone with a broken leg may have to pay thousands of dollars for their treatment. Health coverage through workers’ compensation can pay for 100% of an individual’s treatment expenses until they recover fully or stop responding to treatment. Finally, even after a worker returns to work, they may still have some pain or restriction in the use of the injured body part, so as to make more difficult the work they perform. In that case they may be entitled to an additional monetary award for permanent partial disability from the Maryland Workers’ Compensation Commission. Filing a workers’ compensation claim is often the best solution for someone with a broken leg or other injury caused by their job activities. Those who understand the benefits available may see the value of pursuing a benefits claim.

Every job comes with a degree of risk. From the potential of a machinery-induced injury in a manufacturing facility to the risk of violence in hospital settings, there are countless ways for employees to end up hurt on the job. Their injuries could prevent them from working and could lead to major medical expenses. Workers’ compensation benefits are available in certain scenarios. Employees in Maryland can file a claim when they have an injury directly related to the job that they perform or when they develop an occupational illness. The benefits available include full medical coverage that can pay for all of someone’s treatment costs and disability benefits to replace a portion of the income someone can’t earn due to their medical challenges. Not all workers who qualify file claims Many people are unsure of the rules that govern workers’ compensation claims. They may, therefore, worry that if they seek benefits when they should not, they might alienate their coworkers or endanger their professional future. As a result, many potentially qualified employees never pursue workers’ compensation benefits. One of the common explanations given for not seeking benefits is that the employee recognizes they are at least partially at fault for their injuries. Those people may not understand how workers’ compensation actually functions. Fault is not a major concern in most cases A worker’s inadvertence or negligence that contributes to an accident does not bar the worker from receiving Workers’ Compensation benefits. Exposure to workplace conditions directly contributing to onset of an occupational disease is covered by Workers’ Compensation. Every employer in the State of Md. is required to carry Workers’ Compensation insurance, with few exceptions. Benefits for which an injured worker is entitled includes medical, wage loss, and compensation for a resulting permanent injury. Unfortunately, these benefits are not paid automatically, as the Insurers often reject even obvious compensable claims, hoping the injured worker will be frustrated enough to give up pursuing his/her claim. Seeking personalized legal guidance is a good way to get started in the pursuit of the benefits provided by the Maryland Workers’ Compensation statute.

People can get hurt on the job due to a variety of different situations. They could work with dangerous chemicals or heavy equipment. They might have to drive as part of their daily job responsibilities. They could be at risk of over-exertion or repetitive stress. Sometimes, job injuries are the result of another person’s actions. Violence in the workplace can affect people in many different professions. Someone in customer service could end up injured during an attempted robbery or shoplifting incident. Someone working in law enforcement or security accepts the degree of violence as one of the unique safety concerns with their profession. Yet, people in almost any job could be at risk of violence in the workplace. Who pays for the injuries and other losses generated in a violent incident? Workers’ compensation often helps People sometimes assume that workers’ compensation doesn’t apply in a scenario where an outside party is to blame for a workplace injury. That belief represents a misunderstanding of how Maryland workers’ compensation functions. A worker does not need to prove that their employer was at fault for an incident, nor do they need to establish that they did not contribute to it. Maryland workers’ compensation provides no-fault coverage. The employer does not need to be to blame for an incident for a worker to be eligible for benefits. Workers’ compensation can cover the cost of medical care after someone’s injury and potentially also the loss of their wages if they require a leave of absence during their recovery. If the worker suffers a permanent injury, either physical, mental or both, they may be entitled to permanent disability benefits, as well. The violent party may also have liability In scenarios in which police officers arrest a criminal or someone can identify their assailant, they may have the option of pursuing a personal injury lawsuit against someone who assaulted them or harmed them during the commission of a crime. However, such lawsuits do not necessarily guarantee compensation, as someone convicted of a significant criminal offense, in most cases, does not have the money or other property from which a judgement can be collected. Oftentimes, those seeking justice for an on-the-job injury need to consider every option potentially available to them to maximize the reimbursement that they can receive. Making sense of the unique rules for workers’ compensation coverage may benefit those injured in an incident involving workplace violence.

Many workers who may require benefits for a job injury are nervous about applying for them. Most companies in Maryland must provide workers’ compensation coverage for their employees. Whenever workers develop job-acquired medical conditions, they can file a claim for benefits that could replace their lost wages and pay for their medical care. Of course, employers facing large claims sometimes push back, possibly out of concern that the claim could affect what they pay for coverage in the future. Workers may worry about a contested claim, especially if they think their personal habits could lead to increased scrutiny from their employer. For example, a worker who regularly drinks or uses recreational drugs may feel like they can’t even report an incident on the job because of the possibility of drug and alcohol testing. Does Maryland allow companies to test workers for drugs and alcohol after an injury on the job? Drug testing is a common practice after injuries Drug tests administered after a work injury are so common that many employers treat them as standard practice. The law in Maryland does allow employers to require drug testing after an incident on the job. Companies can even engage in randomized testing of workers without any precipitating incidents in many cases. Employers that maintain drug-free workplaces may have an easier time limiting the number of incidents that occur and deterring misconduct by employees. They can save money on insurance premiums too in many cases. Companies therefore choose to establish and enforce drug-free workplace policies. Workers should know that failing a drug test does not automatically prevent them from getting benefits. Instead, the test may “simply” complicate the claims process. Employers would need to prove that the worker was under the influence of drugs or alcohol on the job and that their chemical impairment directly contributed to the incident that left them hurt. Particularly if someone only had a residual trace of drugs in their system after a long weekend, a failed drug test does not necessarily mean they become ineligible for workers’ compensation benefits. Understanding the rules for injury-related drug testing during workers’ compensation claims, and seeking legal guidance accordingly, may benefit those who have been hurt on the job and are worried about their finances.

Maryland’s Office of Legislative Audits is a 10-member commission responsible for receiving and reviewing reports about workplace accidents, settling claims, conducting hearings, and issuing referrals to workers for rehabilitation. The group can also assess fines against employers who purportedly fall short in workers’ compensation coverage. According to the state workers’ compensation commission, countless Maryland-based employers statewide are lacking proper insurance. State law mandates that companies with one or more staff members must carry either workers’ compensation insurance or receive clearance by the commission to self-insure. A lack of workers’ compensation coverage? Fiscal year 2022 revealed in excess of 22,000 claims filed with the commission. More than 16,000 secured permanent disability or death benefits, all valued at close to $374 million. Data purportedly came from auditors looking into records for companies joining the system from July 1, 2017, to December 31, 2020. If those numbers are in fact accurate, more than 1,600 businesses were found without active workers’ compensation coverage. For these employers, financial penalties for non-compliance can cost $10,000, an amount that can be devastating to any business’ bottom line. A lack of compliance could force employers to face potentially reputation-damaging public hearings under a far too bright spotlight. Falling short of workers’ compensation coverage goes beyond punitive measures from government agencies and could affect a company’s financial situation and reputation within the community.

Working in a long-term care facility offers a unique blend of challenges and rewards. You get to make a real difference in the lives of residents who rely on your skills and compassion for their day-to-day needs. As rewarding as it is, the work also comes with risks that could affect your health and well-being. Being aware of these risks is the first step in mitigating them. Consider these common dangers you may encounter while working in a long-term care facility. Injuries from lifting residents Lifting and transferring residents come with the risk of back injuries and muscle strains if not performed correctly. It’s crucial to adhere to proper lifting techniques and use any available mechanical aids to minimize this risk. Exposure to bodily fluids You’ll likely encounter bodily fluids such as blood, saliva or urine in your role. This exposes you to the risk of infections or even disease transmission. Chance of contagious illness Long-term care facilities can be a hotspot for the spread of contagious illnesses like influenza or other respiratory infections. Maintaining good hand hygiene is critical to reducing this risk. Slips, trips and falls The fast-paced nature of this job and your work environment can make you susceptible to slips, trips and falls. Factors like wet floors, clutter or poor lighting can contribute to these incidents. Violence from residents or family members Though a sensitive subject, it’s essential to acknowledge the risk of aggression or violence from residents or their family members. Emotional stress or cognitive impairments in residents can contribute to unpredictable behavior. The onus is on your employer to ensure a safe workplace. If you suffer an injury at work or are exposed to fluids at work, report the incident immediately to your employer and speak to an attorney knowledgeable in Workers’ Compensation law. You may be able to claim workers’ compensation to cover your medical costs, wage loss, and any long term effects of the injury or exposure.

As a type of insurance, workers’ compensation helps pay for the medical costs of an employee who has suffered a work-related injury or illness and wages lost due to impairment. You might think that compensation only applies to visible ailments, such as broken bones, cuts, lost fingers or limbs and so on. But the insurance also covers medical conditions that aren’t immediately apparent, like occupational hearing loss. Occupational hearing loss is a real issue in workplaces with dangerously high sound levels, such as airport runways, construction sites and mining facilities. But when filing a claim for work-related deafness, exactly how much in benefits will you receive? How will medical experts gauge your hearing loss? Measuring occupational hearing loss When you file a claim for occupational hearing loss, you must participate in a specialized deafness test. The test takes place in a sound room designed to measure deafness, where doctors will ask you to wear earphones connected to an audiometric instrument. Personnel will then measure your hearing thresholds at 500, 1,000, 2,000, and 3,000-hertz frequencies. These results and an exam by an otolaryngologist (ENT) specialist will be determinative of the causal relationship between the hearing loss and the employee’s occupation. From these results, the medical providers will calculate your average hearing loss by a complicated formula found in the Maryland Workers’ Compensation statute. If after the calculation is done you have a hearing loss above the statutory threshold, you will be entitled to compensation for this hearing loss in accordance with the statute. You will also be entitled to coverage by the Workers’ Compensation Insurer for the cost of future hearing exams and hearing aids, if necessary. The doctors will also calculate the percentage of hearing loss in both ears and determine if you have a compensable loss in both ears or only one ear. Your employer is liable for the full extent of occupational hearing loss you’ve suffered and must pay the percentage in benefits. However, your employer can also contest the claim and only pay for the hearing loss it says it’s liable for if it can present evidence – such as the results of a previous hearing test – proving your hearing loss before employment. Your employer may also reject your claim completely asserting that your hearing loss was not caused by your work with the employer. Whether your employer denies your claim or asserts it’s only partially liable, you can request a hearing with Maryland’s Workers’ Compensation Commission. As noted above, proving an occupational hearing loss is complicated. Having legal counsel with you when determining whether to pursue an occupational hearing loss or requesting a hearing may be helpful.

When people think of dangerous industries or professions, jobs that are much more physical in nature, such as construction or manufacturing, top the list. Careers within the education sector are typically not thought of as dangerous or hazardous. Still, you never know when an accident or injury will take you away from your students. If something happens to you on the job that interferes with your ability to function, a successful workers’ compensation claim ensures you experience no financial hardships. Cumulative injuries are common in teachers Although your job may not expose you to the severe injury risks steel or construction workers face, you could still suffer injuries in the workplace. For example, many teachers develop repetitive stress injuries, like carpal tunnel syndrome, from writing notes and grading papers. You may associate such injuries with the hands and wrists, but cumulative trauma can affect any overused muscle group. That unexplained pain in your legs, knees, hips, shoulders or elsewhere could be a cumulative trauma injury. You might not recognize the cumulative damage on your joints right away because they arise from small, frequent (perhaps unnoticeable) injuries within the affected muscle group. Over time, these small injuries essentially become a much more significant injury, resulting in regular or constant discomfort. School property accidents are also possible Teachers are as much at risk for premise injuries as any other employee. Slips, trips and falls occur commonly in hallways, classrooms, lunchrooms and other areas. Stairways also pose the risk of a fall-related injury. Workers’ compensation covers injuries arising out of performing your work duties. Instead of living with your pain, exercise your right to file a claim under Maryland law. It will cover your medical expenses and replace some of your lost wages, allowing you to make a complete recovery before resuming your job duties.

When you work at heights, there are generally two different types of safety standards that your employer will utilize to protect workers on the job. These are known as fall protection and fall prevention systems. While these terms are often used interchangeably, there are key differences between the two. It is important for workers to understand how these systems operate so that they can perform their jobs safely. While injuries are unfortunately always a possibility, the right systems and processes in place can make them less likely. Considering how common and dangerous falls are, it’s critical to have these systems in place. Fall prevention systems When using a fall prevention system, the goal is to keep the fall from happening in the first place. An example of this could be a roofing company that installs railings around the outer edge of a flat roof. The goal of the railings is simply to keep workers far enough away from the edge the fall is impossible. These are known as passive systems. Training employees to recognize and spot fall risks is another example of fall prevention. Fall protection systems Fall protection systems, by contrast, provide equipment to minimize an injury if the worker does fall on the job. While these systems do not prevent falls, they work to lessen the risk for serious injuries. Fall arrest systems are common examples of these. For example, some roofers might set up an anchor point on the roof and then wear harnesses that are tied to straps or ropes. Workers may be able to fall and potentially could fall entirely off of the roof, but the rope or straps in place should keep them from striking the ground. When is fall protection or prevention required? Rules requiring the use of either fall protection or prevention vary by industry and even by region. In general, OSHA requires some sort of fall protection for workers at the following heights: Five feet for maritime workers Six feet for construction workers Four feet for general industry workers, or all other workers Both fall prevention and protection systems can be helpful and guard against serious injuries. Unfortunately, falls are still incredibly common. Falls are the leading cause of death in the construction industry alone, with 351 workers suffering fatal falls in 2020. Employers must do their part to train workers on safe practices, as well as provide a safe environment to complete job duties. If you have been injured due to a fall on the job in Maryland, make sure you know how to seek medical coverage and financial compensation through workers’ compensation. Contact an attorney experienced in handling Workers’ Compensation claims.

You’ve been working for a construction company for a while, and you haven’t thought much about the fact that your boss has labeled you as an independent contractor – until you get injured and sidelined. That’s when you find out that you’re not eligible for workers’ compensation. Is this legitimate? Maybe – or maybe your employer is trying to game the system. Here’s what you need to know: Employers misclassify employees for all kinds of reasons Employee misclassification is a common problem. Employers naturally want to limit their payroll expenses, unemployment liabilities and workers’ compensation insurance costs – and some are willing to do it by purposefully misclassifying an employee as an independent contractor. In other situations, the misclassification may be an honest mistake – but still one that must be rectified. Maryland law provides employees with wage and employment protections. These include unemployment benefits, Social Security contributions, tax withholdings and importantly, workers’ compensation benefits, among other entitlements. If you are classified as an independent contractor and get hurt on the job, you likely will not be able to file a claim to recover workers’ compensation. Three considerations when determining between employees and independent contractors It doesn’t matter what your employer calls you, nor does a signed agreement that declares you an independent contractor enough to make you one. Instead, three different questions must be considered: How much does the company control what you do and how you do it? The more your work is directed and closely supervised, the more likely it is that you’re an employee. Does the Company supply your tools and materials or do you bring your own to the job? How are the financial aspects controlled? Do you invoice the company for your work by the hour or the job, or does your employer completely control how much you earn? Does he pay you by Company check and/or take taxes from your pay? What is the nature of your relationship with your employer? Do you bring specialized knowledge or skills to the job? Could you be easily replaced? Are you free to hire out elsewhere without the company’s approval? Do you or your Employer set your hours of work? Are you subject to company discipline? Unfortunately, many people don’t realize why their employer has classified them as independent contractors until they need workers’ compensation. If this has happened to you, it is important to get experienced legal guidance from an attorney whose practice concentrates in Workers’ Compensation law.

If you suffer an injury at work, you may count yourself lucky if you didn’t tear a muscle or break a bone. You may even think that you got out of the incident with only minor injuries. Unfortunately, the reality is that damage to tendons and ligaments can be severe. They can take far longer to heal, and they very well may still keep you out of work. Tendon injuries can also take place over time, rather than during a specific accident. Why does the healing process take so long? The University of Maryland Medical System defines tendons as the soft tissues connecting muscles to bones, which allow joints to move. Symptoms of tendon injuries can include joint or muscle pain, swelling, stiffness and bruising. Because tendons are not stretchy and can be easily injured when under stress, a full recovery can take a long time. These strains are most often seen in the arms and legs. While rest, ice, medications and exercises can often treat tendon injuries, surgery may be needed in some cases, especially after a tear. How long will it take? If you have a broken arm or leg, you may measure the healing time in weeks. A doctor may keep you in a cast for eight weeks, for example. But if you have a tendon sprain or tear, the road to a full recovery may instead take months. Especially following a tear that requires surgery, it may take as long as 18 months before you’re really going to feel like your body is healed and fully functioning again. What about tendinitis? Tendinitis is a common condition often caused by overuse to the tendons, commonly around the shoulders, wrists, knees and heels. Because tendinitis occurs over time often due to repetitive motions, the extent of the damage done can be unknown until it reaches a certain point where performing the motion becomes unbearable. Work requiring repetitive motions in a physical labor setting, like gardening or factory work, can lead to these injuries, as can office work requiring typing on a keyboard for hours on end. Tendon injuries of all sorts, from sprains to tears to tendinitis, can lead to lost time at work to properly treat and recover from the condition. Depending on the extent of the injury, medical expenses such as physical therapy, frequent doctor’s visits and surgery can add up quickly. Injured workers should ensure they understand all legal options available to them in seeking workers’ compensation for a tendon injury they believe is caused by their work.