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In light of Maryland’s stay-at-home orders, several workers have transitioned to working from home, including teachers and office workers. Even though one’s home is familiar, the risk of an injury still exists, and workers must be careful. Can workers collect workers’ compensation while working from home? The details can be complex, but legal precedent in Maryland does allow workers to recover workers’ compensation when they work from home. In the case of Schwan Food Co. v. Frederick, the Court of Appeals determined that workers could collect compensation for injuries sustained while working remotely depending on several factors, including how often they worked from home, the circumstances of their employment and if they had work equipment in their home. The injury must still arise out of and in the course of one’s employment as well for workers’ compensation laws to cover the work-related injury. Essential safety tips for working from home While workers may be covered while working from home, they must still take great care to avoid an injury. So, here are some tips for workers to ensure they are safe while on the job – even when they are working from home: Ergonomics is everything: Most workplaces, from factory floors to cubicles, are often well-equipped with ergonomic equipment. Not many people have such equipment in their homes. Workers should consider setting up an ergonomic workstation to maintain good posture and take measures to prevent pain or injury while working. This can help prevent muscle strains, back injuries and neck injuries. Be aware of surroundings: Federal and state laws hold workplaces to high standards to prevent serious accidents – such as slip and fall accidents – but homes do not have to meet these same standards. Whether there are computer cords or other items on the floor, workers should be aware of hazards in their environment even while at home to avoid an injury. Take regular breaks: When working from home, it is easy to overlook taking lunch breaks or any other breaks one might regularly take while in the workplace. It is also easier for workers to work longer or irregular hours when at home. However, avoiding regular breaks can lead to burnout, which can have a significant effect on one’s mental and physical health. Working from home might not seem dangerous, but that does not mean that workers should overlook potential risks – or their health.

Workers’ compensation benefits provide injured workers and their families with critical support while they recover from a work-related injury. However, the process of obtaining workers’ compensation benefits can sometimes be a challenge. Thankfully, several statutory presumptions can make this process easier for certain workers to collect the benefits they need. What is a statutory presumption? A legal presumption is an understanding or belief under the law that the court assumes to be true. In sets of facts or circumstances with room for debate, a presumption tips the scale for a judge, jury, or commissioner to assume that one side of the argument is correct on its face. For example, Maryland has a presumption statute that assumes certain diseases are linked to a firefighter’s work (Maryland Code, Labor & Employment §9-503). This means they can collect workers’ compensation for several types of diseases, including: Heart disease Hypertension Lung disease Various types of cancer In general, the above conditions may be linked to genetics, nutrition, exercise, or personal health habits, which make it difficult to pinpoint the cause of the condition. However, in relation to firefighters, their work is unique with the constant exposure risk to carcinogens from a fire ground and the diesel firetrucks they operate. Additionally, in light of firefighters’ service to the community, lawmakers sought to lower the legal threshold to ensure coverage of such workers. Therefore, the law presumes that these diseases are tied to the firefighter’s work, providing them with an easier path to recover workers’ compensation benefits. Without a statutory presumption, it is often very difficult to prove that certain diseases are causally related to a work exposure. Injured workers covered by a statutory presumption have a lower burden of proof, and, in other words, a lower hurdle of proving their occupational disease arose out of and is related to their employment. Will there be a presumption statute for COVID-19? In Maryland there is no statutory presumption that a person who has been diagnosed with COVID-19 has received the illness from a workplace exposure, even if they are an essential employee that works within close proximity of other people. However, there has been consideration in other states to facilitate access to recover workers’ compensation benefits for such workers. So far, states like Kentucky, Florida, Washington and Minnesota have passed presumption statutes related to COVID-19. These statutes presume that if a “frontline worker” gets the disease, they contracted it on the job. These workers include, but are not limited to: Health care workers Grocery store workers Food manufacturers Prison guards Maryland has yet to pass such a presumption statute to protect these workers, but unions and other employee advocacy organizations have considered such an important presumption for the working people of Maryland. Presently, Maryland’s legislature is not in session to consider such a beneficial law. However, if a worker has continued to serve the public during the pandemic and is diagnosed with COVID-19, it would still be beneficial to contact an attorney to discuss a potential Claim. Although there is no presumption presently in Maryland, the law still entitles workers to benefits who experience an occupational disease as a result of employment.

There are several jobs associated with a high risk of injuries. Construction work, factory work and emergency response work are often the jobs individuals think of as carrying the most risk for workers. Not many would think that working in a grocery store is dangerous, but keeping those shelves stocked and providing necessities for the public – especially in the current situation – can be a strenuous job for any worker. Yet, many grocery store workers might wonder: are they covered under Maryland workers’ compensation laws if they suffer an injury? Yes, grocery store workers are covered Maryland law presumes almost all workers to be covered under workers’ compensation laws if they are: Under the service of employers with at least one employee; or Engaged in an implied contract of hire with such an employer. This includes grocery store workers (Maryland Code, Labor & Employment §9-202). Grocery store workers face a wide range of injuries Working full-time – or even part-time – in a grocery store involves a much higher risk of injury than many people might believe. These workers often have several responsibilities, including: Stocking products on the floor or in the back rooms; Lifting heavy products while stocking or assisting customers; Preparing food, such as in the deli department; or Collecting shopping carts from the parking lots. Customer service work also places high demands for speed on grocery store workers. This demand for speed in addition to the wide array of their potential responsibilities puts grocery store workers at risk for several injuries each day on the job, including: Slip and fall injuries; Cuts and lacerations; Muscles strains; Broken bones; and Back injuries. Grocery store workers should make sure they take ergonomic solutions into account to reduce their risk of suffering these injuries. However, they must also be aware of their entitlements to collect workers’ compensation benefits if they suffer a serious injury in the course of their work.

If workers suffer an injury on the job, many thoughts will run through their minds all at once. The pain is first, but then workers often wonder what they will do when they cannot work and how they will provide for their family. Injured workers might know that workers’ compensation benefits will cover their medical costs, but what does that coverage entail? Workers’ compensation benefits cover a range of medical costs Maryland’s workers’ compensation law states that covered employees injured in the course of their work are entitled coverage of their causally related medical costs (Maryland Code, Labor & Employment §9-660). For example, if a construction worker fell and broke their leg, they could receive compensation to cover costs including: Treatment: This includes any medical treatment to heal the broken leg, such as surgery to initially fix and stabilize a broken bone and physical therapy to help individuals regain the use of their leg after the injury. Hospital services: A stay at the hospital can lead to an expensive bill. Workers are often taken to the emergency room for services upon arriving. Then they often need laboratory work and an x-ray before moving forward with any treatment. Thankfully, workers’ compensation usually covers all service costs. Medicines: After any type of injury, physicians often prescribe anti-inflammatory medication, pain medication either in pill form or a topical cream, and even medication for gastro-intestinal issues related to the primary medications prescribed. Just like other medical benefits, the cost of prescription medication will be covered, so long is it remains related to the work-injury. Medical equipment: This includes if the injured worker requires a wheelchair or crutches while their broken leg heals. In extreme cases, this also includes prosthetics. Of course, the medical services required will depend on the worker’s injuries. Regardless of the injury and how long it takes to recover, the Maryland Workers’ Compensation Commission requires the employer’s insurance company to provide benefits that cover these costs for the duration of the worker’s recovery. The exception to such care is for experimental therapies and physicians who wish to charge an exorbitant cost for care outside of what is fair and reasonable for Workers’ Compensation Claims. Workers’ compensation is meant to support workers after a work-related accident. And the medical coverage workers can obtain under Maryland law significantly reduces the financial stress injured workers face, so they can focus on their recovery.

In a past blog post, we discussed how Maryland’s workers’ compensation laws specifically protect firefighters whose cancer diagnoses relate directly to their job. And while firefighters face some of the highest risks of cancer in their line of work, many other jobs increase workers’ risk of getting cancer as well. Which jobs have ties to higher risks of cancer? Business Insider reported on a 2019 study which found that some of the jobs associated with the highest risks of cancer included: Firefighters: Inhaling smoke and materials released from the heat can lead to several types of cancer. Additionally, diesel fuel fumes released on the fire ground and in the fire station also pose long-term risks. Pilots: Pilots face a higher level of exposure to UV radiation than many other jobs, which can increase the chance of skin cancer. Painters: This job exposes workers to hazardous fumes and solvents daily, including benzene. Rubber manufacturers: For years now, the rubber manufacturing industry has been tied to cancer because of the carcinogenic chemicals needed to make rubber and the vapors produced in the process of manufacturing. Construction workers: Construction workers face a particularly high risk of mesothelioma from asbestos exposure in their line of work. Can workers prevent cancer? Even though there are no proven ways to prevent cancer, many workers have the power to significantly reduce their risk of cancer. It can help workers to: Learn about the known carcinogens and which ones might be in their workplace. Wear the proper protective gear at work, such as respirators. Make a point to eat healthy and exercise regularly. Avoid using tobacco, since it can significantly increase the risk of cancer. Start getting cancer screenings to catch any potential diagnoses early. Being aware of the risks in one’s workplace and taking extra steps to stay safe at work can help workers prevent diagnoses of this devastating disease. Firefighters facing work-related cancer have particular and unique rights under Maryland law, but workers who suffer from a work-related disease – such as cancer – can also obtain workers’ compensation (Maryland Code, Labor & Employment §9-502). Although it is a higher hurdle for non-public safety workers in Maryland to receive compensation for the work-related cancer, in such cases it is beneficial to consult an experienced attorney to discuss their options.

The physical pain and stress of a work injury can be overwhelming. Regardless of whether workers suffered a broken leg or a traumatic brain injury, they might have a long road to recovery ahead of them. Most injured workers want to rush the recovery process and return to work as soon as possible to start providing for their family again. When injuries like this keep individuals from working, many might begin to worry: could their employer lay them off while they collect workers’ compensation benefits and recover from an injury? The answer to this question can be a bit complicated. What does Maryland law say? Under Maryland law, an employer cannot terminate an employee because they: Suffered an injury on the job; or Filed a claim to recover workers’ compensation. Doing so would be considered retaliation, which is illegal in the workplace (Maryland Code, Labor & Employment §9-1105). However, employers might still be able to terminate an employee while they are out on workers’ compensation, or when they return to work in some cases. When could employers lay off injured employees? Many employers might try to get around this law and lay off employees when they recover and return to work. This is technically legal since most employees are at-will employees. This means that employers can terminate employees without listing a reason, as long as the termination was not based on a worker’s protected class or employment contract. There are still only a few reasons employers could terminate an employee after a work injury, including: The injury or disability prevents the worker from performing their original job; And there are no positions open that accommodate a worker’s disability from the injury; or The business cannot operate without filling the position while the injured worker cannot work. However, most importantly, if an injured worker is under restrictions due to a work injury they remain entitled to benefits if their employer is unable to accommodate them. Benefits include ongoing monetary benefits until they are released to work without physical restrictions, or vocational rehabilitation to help them find new employment if the physical restrictions are permanent and the employer is unable to rehire the injured worker. If workers worry about their position while they are out recovering from a work injury, it is best to speak with an attorney to provide the injured worker his or her options and the next steps they should take to protect their rights.

We spend a significant portion of our lives working. The average worker works at least five days out of the week and at least eight hours of the day, essentially until they retire. Spending so much time at work can increase the risk of sustaining serious work-related injuries or illnesses, especially if workers face exposure to loud noises regularly. About 22 million workers are exposed to dangerous noise levels at work each year, and though workers can recover workers’ compensation benefits for hearing loss, many might wonder: what can they do to prevent hearing loss? Maryland law explicitly covers occupational deafness Occupational deafness or hearing loss is specifically covered under Maryland’s Workers’ Compensation law for covered employees (Maryland Code, Labor & Employment § 9-505). This coverage extends to workers if they suffer from hearing loss after consistent exposure to industrial noise frequencies between 500 hertz and 3,000 hertz. The Occupational Safety and Health Administration (OSHA) does require employers to have a hearing conservation program, which limits working hours to eight hours if the noise in the workplace measures at 85 decibels or higher. However, many professions face much louder noise exposure than 85 decibels regularly, including: Airport ground workers; Industrial warehouse workers; Factory workers; Construction workers; and Emergency responders. It is not always possible to control the noise exposure in these jobs or environments but hearing loss can be devastating for an individual’s career and personal life. So, workers must take steps to preserve their hearing on the job. What can workers do to protect their hearing? The biggest risk of hearing loss is that there are rarely warning signs. There is not usually any pain. Some workers might experience ringing in their ears, but this is not always true in every case either. Without warning signs, individuals must take proactive measures to protect their hearing by: Wearing the proper protective gear, such as earplugs or noise-canceling headphones; Giving their ears a break during and after work. It can often take roughly 16 hours of quiet to recover from noise exposure during the day; and Getting regular hearing tests to catch risks and concerns early. Even though covered Maryland workers can collect workers’ compensation benefits for occupational hearing loss, workers should still take steps to protect their hearing now.

Workplace injuries can have a huge impact on every aspect of an individual’s life. After all, an injury not only has physical effects, but emotional and financial ones too. Collecting workers’ compensation benefits can help individuals reduce the stress of those effects. However, one detail that many people might not think about is the effect a work injury can have on the injured worker’s family. Families commonly worry about finances after an injury After individuals receive treatment for their work injury and the pain subsides, the next most common worries usually include: How will they support their families if they cannot work? How will they cover the expenses needed for treatment? Thankfully, the workers’ compensation benefits that injured employees cover both lost wages and medical bills to help support families in the tough time after a work injury (Maryland Code, Labor & Employment §9-602). Even so, families might still face financial challenges. This is often the case if a family member must become a full-time caregiver in addition to their job. The role of caregiver can be stressful for family members Loved ones play an important – and often unrecognized – role after a work injury. Spouses, and also children, often become caregivers for their loved ones after they suffer a severe and life-changing injury. For example, if a worker suffers a traumatic brain injury in a serious fall at work, they have a long road to recovery ahead of them. Their spouse or other loved ones might have to help them: Complete basic tasks each day, such as dressing or bathing; Bring them to appointments to obtain treatment; and Take care of the family’s finances and most responsibilities around the house. Spouses and children do this out of love, but being a caregiver is a stressful job. It can lead to caregiver burnout and it might create strain in family relationships. Family members might also face a greater risk of injury According to a study conducted by the National Institute for Occupational Safety and Health (NIOSH), family members also face a higher risk of suffering an injury after a loved one sustains a serious work injury. Their risk increases by 34%. This is generally because family members take on more responsibilities around the house and may engage in physically taxing work. These additional injuries could cause families even more physical, emotional and financial stress in the long run. That is why it is critical to seek workers’ compensation as soon as possible after a work injury. Consulting an experienced attorney can help injured workers recover the benefits they deserve. In turn, this can help injured workers reduce the impact an injury could have on both them and their families.

Many individuals who work in the transportation industry say they are lucky since they get to travel for a living. However, being on the road has its fair share of risks, just like any other workplace. Transportation workers understand that, but the recent reports from the Bureau of Labor Statistics highlighting their incredibly high risk of suffering work injuries and fatalities might still come as a shock. Fatal transportation injuries have a significant lead over other incidents The most recent data the Bureau of Labor Statistics collected is from 2017. Their Census of Fatal Occupational Injuries shows that: Transportation accidents caused 2,077 fatal occupational injuries in 2017; The rate of these accidents and injuries was significantly higher than most other events, including falls; There were more fatal work injuries in the construction industry, but the transportation industry fell just below that in 2017, with only a difference of 89 fatal injuries. Why do transportation workers face such risks? Individuals who drive for a living are in a unique – and dangerous – position. These workers face significant risks for several reasons, including: Motor vehicle accidents are already one of the leading causes of death in the United States outside the realm of occupational injuries; and Being on the road for hours at a time can naturally increase the chance of a collision. These factors and the unpredictability of the road can make it a dangerous place to be, much less work. One challenge: Many transportation workers are independent contractors From truck drivers to Uber drivers, many employers classify their drivers as independent contractors. Usually, independent contractors do not have the same rights as employees to recover benefits, therefore their loved ones cannot recover compensation. However, in certain situations an employer may consider a worker an independent contractor when, in fact, the law deems the driver as a covered employee. Some unfair employers might do this on purpose to avoid obtaining workers’ compensation coverage for employees. This is illegal under Maryland law (Maryland Code, Labor and Employment §9-402.1). This is not always the case, but the worker’s status can still pose a significant risk for drivers and their families if they are in a severe or fatal accident in the course of their work. Individuals who drive for a living, or for a significant part of their job, should review what their employment status is and ensure it is correct. Transportation workers and families should still seek compensation Despite the challenge worker classification could pose, it is still a good idea for drivers or their families to understand their options to obtain compensation after a workplace injury or fatal accident. It is beneficial to consult a knowledgeable attorney to help recover the benefits that families deserve after these tragic losses.

Being injured at work and losing your ability to generate income can be devastating. Even more devastating can be when your workers’ compensation claim has been denied. If your claim is denied, the insurance company will notify you by letter and that letter will list the reason for the denial. Your claim can be turned down for many reasons. Some of these include: Injury didn’t happen at work – You must be on the job or on another location performing your job for your claim to count. If you weren’t on the clock – even if you were on the job site – your claim can be denied. You didn’t tell your employer soon enough – If you are injured at work, first you should seek medical treatment. Next, you should tell your employer about the injury. If you wait too long to tell your employer, your benefit claim could be denied. You didn’t fill out the form correctly – If the description of the accident is inaccurate about what happened, where it happened, what you were doing or what body parts were injured in the accident, an insurance adjustor is likely to deny the claim. You have made too many workers’ compensation claims – If you have a history of filing claims, the insurance adjustor might think you are trying to game the system. You weren’t treated by an approved provider – Your employer and their insurance company can give you a list of approved medical providers, and you are required to see one of them. The injury isn’t treatable – Claims for stress-related injuries are not covered in many states. You don’t have medical records – If you want to file a workers’ compensation claim, you need to have medical records to back it up. Your injury was the result of horseplay – Even if it happened on the job site, injuries that are the result of roughhousing are not acceptable for a workers’ comp claim. You have a pre-existing condition – If your insurance company can show that your injury is the result of a pre-existing condition, it is unlikely to cover the claim. If you believe the claim denial was incorrect, you can appeal the decision with the Maryland Workers’ Compensation Commission. This body can countermand an insurance adjustor’s decision and approve benefits. Finally, if you disagree with a ruling by both the insurance adjustor and the Workers’ Compensation Commission, you can appeal the decisions to the Circuit Court of Maryland. Workers’ compensation claims can be tricky. The advice of a qualified, experienced attorney is your best bet to make sure your workers’ compensation claim is approved.

The Maryland General Assembly recently passed a bill that expands workers’ compensation protection for first responders. The bill, which will likely be signed by Gov. Larry Hogan, will expand workers compensation coverage for firefighters to include leukemia, prostate cancer, rectal cancer, throat cancer, multiple myeloma, non-Hodgkin’s lymphoma, brain cancer, testicular cancer and breast cancer that is presumed to be caused by contact with a toxic substance in the line of duty. Hogan has pledged to sign the bill, which would take effect Oct. 1, 2019. Other workers’ compensation bills The bill joins two other similar bills in the nation: North Carolina is considering a bill to allow workers’ compensation for law enforcement, first responders and emergency management personnel to treat mental or nervous injuries Indiana is considering a bill to expand workers’ compensation protections to volunteer firefighters and hike the amount allowed for burial expenses to $10,000. Bill named for Jessie McCullough In February, Hogan called for the passage of the Maryland bill while speaking of Prince George’s County firefighter Jessie McCullough, who died after being diagnosed with colon cancer in 2017. He said coverage for firefighters battling cancer is relatively new because the link between firefighting activities and cancer wasn’t known years ago. Union and department chiefs had vowed to get the bill passed. If you or someone you love is a firefighter who has been diagnosed with cancer, you could receive workers’ compensation benefits under this bill. Contact an experienced, qualified attorney to see if you can receive benefits.

While the saying goes that there’s nothing new under the sun, there are new ways of looking at old things. While marijuana has been around for many centuries, only now is it being used as legalized medicine in the U.S. Can it be claimed as medicinal for the purposes of workers compensation in Maryland? The answer is yes and no, and the answer is evolving. Legalized marijuana State lawmakers voted to allow medical marijuana in 2012. It took years to create the legal and business infrastructure to accommodate the new industry, which became operational in late 2017. The active ingredient in marijuana is THC. It is usually prescribed for problems such as anorexia, wasting syndrome, pain, nausea, seizures, muscle spasms, glaucoma or PTSD. Therefore, other than pain relief, the uses for medical marijuana do not fit neatly into the typical workers compensation claims. Marijuana also remains classified as a Schedule I drug in the eyes of the federal government, and the Trump administration has been vocal about pursuing marijuana possession and purchase as a serious crime. Also, while most drugs are prescribed by doctors and distributed at pharmacies, registered medical marijuana users can receive written certification from anyone who meets the definition of a “bona fide provider-patient relationship,” which includes any provider who reviews the patient’s medical records, completes an in-person assessment, creates and maintains standardized records, monitors and follows up on the patient’s care. The drug is distributed not at pharmacies but via licensed dispensaries. For these reasons, insurance companies have at times rejected workers’ compensation claims for medical marijuana. Where the law currently stands Some states, such as Arizona, explicitly claim that workers’ compensation insurers do not have to pay for medical marijuana while other states, such as New Mexico, have allowed such claims. There are cases presently pending before the Maryland Appellate Courts to determine whether insurers for workers’ compensation injuries are responsible for payment of marijuana prescriptions. Experts say courts are usually loathe to get between a doctor-patient relationship and that until a national consensus is reached, the decisions are likely to be on a case-by-case basis. If you have or think you may qualify for a workers’ compensation claim that includes medical marijuana, contact a qualified, experienced attorney to make sure you are following all the laws in this new gray area of medicine.