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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.

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.

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.

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.

In the bustling world of online shopping, warehouse workers are the unsung heroes ensuring that consumers receive their products swiftly. The rise of e-commerce has significantly increased the demand for these workers, and the Bureau of Labor Statistics found that 1.8 million people worked in warehouses in 2023. With the rapid pace and high volume of goods moving through shipping warehouses, the risk of workplace injuries has surged. These environments, with their heavy machinery and constant activity at all hours, can be a hotbed for accidents if safety measures are not strictly followed. In fact, a 2023 study by the Center for Urban Economic Development at the University of Illinois Chicago found that half of all Amazon warehouse workers are injured if they work there for more than three years, and 69% have taken unpaid time off due to pain or exhaustion, half them doing so three or more times. Common Warehouse Injuries Injuries and their severity will vary, but these involve the more serious ones that can include long-term disability or death: Forklift Accidents: Forklifts are vital in warehouses but can be deadly. Workers may be struck by or trapped under these vehicles. Slips, Trips, and Falls:Wet floors or misplaced items often lead to these accidents, which can cause severe injuries like fractures or head trauma. Lifting Injuries:Improper lifting techniques can result in musculoskeletal disorders, including herniated discs and chronic back pain. Falling Objects:Improperly stored items can fall, potentially causing concussions or even fatal injuries to workers below. Loading Dock Incidents:Workers can fall from docks or be crushed between docks and vehicles, leading to serious injuries or death. Conveyor Belt Mishaps:Entanglement in a conveyor can cause crush injuries or amputations, particularly when safety guards are not in place. Repetitive Strain Injuries:Constant repetition of tasks can lead to conditions such as carpal tunnel syndrome, affecting nerves and muscles. NBC also recently broadcasted a profile of Amazon workers in California who are dealing with extreme heat during the summer months. Many warehouse workers also work second and third shifts, where fatigue can also play a greater role. These and other circumstantial factors likely contribute to the above causes of the injuries and the need to take unpaid time off. Post-Injury Steps to Take When a worker is injured on the job, reporting the injury and immediate medical attention are the first and foremost steps to be taken. Following initial treatment, understanding one’s rights and the subsequent legal steps is crucial, especially for workers facing long recovery periods (or families dealing with the aftermath of a fatal accident). Filing a Worker’s Compensation or personal injury claim is not just about seeking justice; it’s about securing the financial support needed for medical bills, lost wages, and related expenses during a challenging time. In Maryland, Worker’s Compensation is a vital safety net for those hurt on the job, and it’s important to file a claim promptly to better ensure coverage of these costs. How Worker’s Compensation Is Different Than Personal Injury Worker’s Compensation is an insurance program mandated by the state to provide benefits to employees who suffer job-related injuries or illnesses. This system is designed to help cover medical care, provide wage replacement benefits, and offer vocational rehabilitation if necessary. If there is a permanent injury from the accident or illness then an additional monetary award is made to the injured employee. For families of workers who have died due to a workplace accident, Worker’s Compensation can provide death benefits to help with financial burdens. The purpose of this program is to support injured workers and their families without the need for a lengthy legal battle over liability. Worker’s Compensation is typically a no-fault system, meaning employees need not prove the employer’s negligence to receive benefits and negligence on the part of the injured employee in causing the accident is not a bar to recovery. Benefits to the injured employee are often started quickly after a serious accident. Conversely, a personal injury claim is a legal process where an injured party seeks compensation from those responsible for their injuries due to negligence or intentional harm. Unlike Worker’s Comp, fault must be established, and the claim can result in compensation for pain, suffering, and other damages not covered by Worker’s Compensation. These benefits are paid, in most cases, months or years after the accident in a lump sum either by settlement or court judgement. Precautions that employers can take We’ve established that warehouses are dangerous places for employees. Still, there are several precautions that employers can take to reduce the risk of injuries: Provide proper training on equipment and tools. Implement strict safety protocols and procedures. Encourage regular breaks to prevent fatigue. Maintain a clean and organized work environment. Invest in ergonomic equipment. Conduct routine safety inspections. Promote open communication about safety concerns. Offer incentives for following safety guidelines. Provide access to personal protective equipment. Create a culture of safety awareness and accountability. By implementing these safety precautions, warehouse employers can create a safer work environment for their employees. Employers can also benefit by saving money on insurance costs and reducing disruptions to staff and production. Lawyers Can Be An Ally in Recovery A worker’s compensation attorney plays a critical role in helping injured workers navigate the complexities of filing a claim. From gathering the necessary documentation to representing clients in hearings, an attorney ensures that the injured party receives the maximum benefits they are entitled to. Services provided by these legal professionals include evaluating the claim’s validity, advising on the legal process, and fighting for the worker’s rights against insurance companies or employers who may attempt to deny a legitimate claim. Here in Maryland, warehouse workers and their families do not need to face the aftermath of a workplace injury alone. By partnering with a knowledgeable worker’s compensation attorney, they can focus on recovery and rehabilitation, knowing that someone is vigorously pursuing their legal and financial interests.

You have probably heard of a condition called carpal tunnel syndrome. But there is a different physical issue called cubital tunnel syndrome that also might come from the job you do. Cubital tunnel syndrome often arises from actions such as bending the elbow for lengthy periods of time or habitually setting your elbow down upon a desk chair arm, for example. Doing things like grasping a telephone receiver or driving for prolonged periods could be other work-related causes of cubital tunnel syndrome. Cubital tunnel syndrome explained Unlike carpal tunnel syndrome (the middle finger, thumb and index finger are involved), cubital tunnel syndrome is noticeable in your ring and pinky fingers. You might lose sensation in those fingers or feel like you have “pins and needles.” Your ulnar nerve extends the length of your arm into your hand. According to the Cleveland Clinic, “Cubital tunnel syndrome happens when that nerve is irritated or compressed…if left untreated, can lead to muscle weakness and atrophy.” Characteristic signs of cubital tunnel syndrome These symptoms should alert you to the possibility that you could have cubital tunnel syndrome: Periodic numbness affecting your fingers and hand Fingers and hands that occasionally feel like they tingle Inside of the elbow could have a painful sensation How can you make it less likely that you will develop cubital tunnel syndrome? There are some simple precautions you can take: Don’t keep your arm bent for long stretches of time Avoid putting unnecessary pressure on your elbow by placing it on the armrest of your chair at work. If you are aware of that habit, try to change it. No frequent leaning on your elbow When not treated, cubital tunnel syndrome can lead to the muscles in your hand atrophying, thus becoming less flexible and functional. That can be a major physical impairment. If your cubital tunnel syndrome came from performing your job duties, workers’ compensation could help.

Unpredictability is one of the most dangerous things about falls. They can happen to anyone at any time, including in the workplace. Many times, you may be able to simply dust yourself off after a fall and get on with your day. Sadly, however, this is often not the case. Falls can be hard on your knees, and the resulting injuries can be serious. Outlined below are some of the more severe knee injuries associated with work-related falls. Damaged ligaments Torn ligaments are among the more serious and painful knee injuries that can result from a fall. The knee is comprised of four ligaments: the anterior cruciate ligament (ACL), the posterior cruciate ligament (PCL), the medial collateral ligament (MCL) and the lateral collateral ligament (LCL). Ligaments help the knee move forward and backward, as well as to rotate from side to side. Because each of these ligaments has a distinct function, damage to any of them can be painful and limit your mobility. Surgery and an extended period of recovery are often the only way to get better after ligament damage to avoid chronic pain issues. Dislocations During a fall, your knee may be manipulated and twisted into positions it is not designed to be in. This can result in a dislocation, which is very painful and can be difficult to treat. As a general rule, the sooner you seek medical treatment after this type of injury the better. Depending on whether or not there is nerve damage, you may require multiple surgeries before you can get back on your feet. If your knee has been injured in a fall at work, then you may be entitled to compensation for your pain and suffering. This won’t undo the damage, but it will help you to stay on top of your finances while you recover and are unable to work. Seeking legal guidance will offer you the best possible chance at obtaining a just outcome in your case.

Nail guns are a common sight in workshops and construction sites across Maryland. When used appropriately, they can increase productivity and efficiency at work. However, it is important to remember that nail guns are a powerful piece of equipment. According to the CDC, nail guns result in 37,000 emergency room visits annually and 68% of these visits involve workers. It only takes one small error or malfunction for something to go horribly wrong. Outlined below are a few examples of how nail gun accidents can occur. Faulty equipment Any tool that has the potential to be dangerous must be routinely maintained. Older equipment is more likely to malfunction. Usually, nail guns have safety mechanisms in place, such as guards. If these are bypassed or missing, then it makes an accident and injury much more likely. Underestimating the power Nail guns can penetrate all sorts of tough materials, especially wood. If a piece of wood is not very thick, it’s possible that the nail could penetrate all the way through to the other side, catching the nail gun operator off guard and posing injury risks. Nails can also ricochet when using the tool on certain surfaces like metal. When this happens, the nail essentially becomes a missile that can penetrate flesh and cause serious damage to the eyes. Preventing nail gun injuries Employers have a legal duty to ensure that workers are as safe as possible. This includes taking preventative measures like maintaining tools, providing appropriate safety gear and facilitating adequate training. Proper training is especially important, both for new and experienced workers. This can help workers understand the tool’s different triggers, how to hold and load the nail gun, what to do when it malfunctions and more. If you have suffered an injury on the job, then you may want to consider your options regarding workers’ compensation. An experienced attorney can help you understand your next steps.

Workers’ compensation is often associated with catastrophic injuries that happened at a specific point. A fall, overexertion or being struck by an object are all common examples of this. However, injured or ill workers can also claim workers’ compensation when an injury or illness gradually happened over time. Examples of gradual injuries and illnesses Gradually onset injuries or occupational diseases can take many forms and result from a wide array of activities or conditions, including: Years of typing at a computer leading to carpal tunnel syndrome or tendinitis Ongoing exposure to chemicals or toxic substances resulting in life-threatening illnesses Repetitive stress injuries are often associated with gradually onset injuries. However, workers across many different industries can develop injuries or illnesses stemming from the workplace over time, from construction and manufacturing workers to nurses, office workers, teachers and more. Special considerations for firefighters and police officers Firefighters, police officers, and Correctional Officers in Maryland have unique considerations for certain occupational diseases. For example, if they develop heart disease or hypertension that leads to disability or death, or if a firefighter is diagnosed with certain types of cancer or lung disease, the condition is presumed to be work related. This is referred to as a presumption of compensability, which allows these workers to more easily seek the benefits and compensation they need. What to understand about filing a workers’ compensation claim Filing for workers’ compensation after suffering a gradually onset condition can differ slightly from the process a worker injured in a single event will follow. Maryland workers are generally encouraged to report the injury to their employer immediately. However, you might not understand the extent of your injury or illness for some time. If your health has suffered due to your work, consider discussing your situation with a workers’ compensation attorney, even if the condition developed over time. These cases can be complex and your employer will likely dispute that your injury or illness is work related. Getting help to understand if you have a valid claim and what steps to take will be crucial to giving yourself the best chance to recover the financial help you need.

Working in various settings can expose workers to a range of hazards, including heights, accidents involving heavy machinery and electrical events. These hazards put workers at risk of being injured or killed on the job, so preventing them is vital. Wearing appropriate protective gear can be one of the easiest ways to protect yourself. Thus, workers should know whether their equipment is effective at keeping them safe. Is it suitable for the job? Not all equipment is necessary for all jobs. For instance, wearing fall protection can be essential if you are working off the ground on a construction site, but it may create more problems than it solves for workers who are less than six feet off the ground. The same can be said for gloves, helmets, thick clothing and eye protection. These are all essential types of gear, but they are not necessary for every job. Workers and employers must assess the specific situation and risks and decide on protective equipment accordingly. When do you wear your gear? Protective equipment is only effective when people use it – and use it properly. If an employer provides gear, workers should wear it; if a task requires certain precautions, employers should provide the necessary equipment or ensure workers have it throughout the job. Enforcing and following safe practices for wearing protective equipment should happen every day. Even though the gear may not prevent an accident from occurring, it can save a worker’s life and minimize potential injuries caused by the incident. Is it safe, or is it defective? Unfortunately, workers might make every effort to have and wear protective gear only to learn that it is defective and does not adequately affect individuals. For instance, multiple parties have accused 3M of providing defective earplugs to the military and attempting to cover up the design flaws. Injured parties argued that they suffered hearing loss and tinnitus even though they had used the earplugs, while 3M claims the products are safe and effective. These cases can be a reminder that even when individuals wear protective gear, they can be at risk of injuries if it is defective. Separately, if a worker is provided safety gear, and, for whatever reason, happens to not be wearing the safety gear at the time of the accident, the worker may still remain entitled to workers’ compensation benefits should they be injured on the job. If you work in an occupation where you are exposed to dangerous situations, protective gear could save your life. While the first priority is to ensure you have and wear safe, effective equipment, employers ultimately bear the responsibility of employee safety.

A concussion is not just something that happens in crashes or football games. It can occur whenever a person experiences an event that causes the head to move back and forth rapidly. For instance, concussions can happen to people while they are at work if they fall off a ladder, get hit by an airborne object or are close to an explosion. In these situations, knowing the signs of a concussion can ensure injured parties receive the care they need to treat injuries. Concussion symptoms After someone experiences a jolt or blow to the head, be mindful of concussion symptoms, including: Headaches Nausea Vomiting Blurred vision Fatigue Ringing in the ears Confusion Problems with concentration Difficulty sleeping These symptoms may seem minor at first, but pay attention to any that worsen or do not go away. However, immediate medical attention is vital for someone experiencing: Slurred speech Loss of consciousness Seizures Numbness An inability to wake up These are symptoms that can indicate brain trauma that requires emergency care. Protecting yourself before and after an accident Individuals should take care to prevent concussions on the job. Some ways to do this include wearing hard hats and helmets, avoiding unsafe areas and using fall prevention systems. If someone does get hit on the head or is exhibiting symptoms of a concussion, getting out of a dangerous situation right away is vital. If a person experiences another trauma shortly after the first, it can cause or exacerbate permanent damage. Even if the symptoms of a concussion are minor, all victims should get medical attention. Thinking a person could brush off the incident and go back to work can have catastrophic consequences to their physical and cognitive functions. Concussions can affect a person’s life in many ways, so employers and employees must take them seriously. Preventive efforts can be essential, as are policies that allow workers to seek medical attention after a workplace injury. Further, training employees and managers on spotting these signs of a concussion can help everyone stay safer on the job.

Severe burns can take a tremendous toll on a person’s health, physically and emotionally. Seeking workers’ compensation or personal injury damages if these injuries occurred on the job can be critical, particularly because they can result in permanent injuries, ongoing medical care and the inability to work. Unfortunately, some workers are at a higher risk of suffering burns because of what they do or where they work. Occupations with higher burn risks Any job that requires people to work in the sun, with chemicals, or around flames and electricity has some amount of risk when it comes to getting burned. However, according to statistics, the jobs that see the highest number of occupational burns include: Food and accommodation services Agriculture Manufacturing Construction Each year, tens of thousands of workers in these and related industries suffer burns. Scalding burns are the most common in accommodation and food services; thermal burns were the most prevalent in manufacturing; most burns affecting construction workers were radiation injuries. Additionally, it is the youngest workers who are most at risk of non-fatal burn injuries, especially when they work in food service. Types of injuries Burns result in a wide range of injuries, depending on the degree and source of the burn. Some common symptoms people experience after an accident include: Pain Scarring Nerve damage Organ damage Bruising and blistering Vision changes if they affect a person’s eyes Skin discoloration Damage to tendons, bones and muscles If a burn is minor, first aid can typically suffice when it comes to treatment. However, severe burns can require surgery, skin grafts and ongoing medical care. A person may be unable to work or return to their normal lifestyle because of pain, impaired mobility and the emotional distress of a traumatic injury. Staying safe at work If you are in an occupation with a high risk of burn accidents, protective measures are vital. These measures include wearing protective gear, repairing broken or defective machines and following safe handling protocols. Unfortunately, these precautions may not be enough to keep workers safe, and burns can happen, particularly in the industries mentioned above. If they do, victims may be eligible for financial damages to help them recover.