Injured in a Work-Related Car Accident in Maryland? You May Have More Than One Claim

Please join us here at Cohen, Snyder & Eisenberg, P.A., in congratulating firm colleague James (Jim) K. MacAlister on his appointment by the Governor to the Maryland State Workers Compensation Commission. Jim is incredibly deserving of this prestigious appointment. We know he will serve the citizens of Maryland with honor and grace. We are so proud of him and wish him the best in his new position as a commissioner! The Maryland State Workers Compensation Commission (WCC) plays a crucial role in the state’s labor and employment landscape. Established to ensure the fair and timely administration of workers’ compensation laws, the WCC provides a forum for resolving disputes between injured workers and their employers. The Commission’s mission is to secure the equitable administration of the Maryland Workers’ Compensation Law, ensuring that injured workers receive the benefits they are entitled to while maintaining a balance with the interests of employers. As a Commissioner, MacAlister will adjudicate claims and disputes related to workplace injuries and illnesses. This involves conducting hearings, reviewing evidence, and determining the validity of claims and the appropriate level of compensation. Commissioners must possess a deep understanding of workers’ compensation laws and regulations and have the ability to interpret medical documents. They play a pivotal role in upholding the rights of both employees and employers in the workers’ compensation process. Jim’s extensive legal experience and dedication to serving the community make him an excellent fit for this role. His appointment is a testament to his expertise and commitment to justice. As a Commissioner, Jim will have the opportunity to significantly impact the lives of injured workers and their families, helping them navigate the complexities of the workers’ compensation system and secure the benefits they need to recover and move forward. We are confident that Jim will excel in this new position and continue to uphold the high standards of integrity and professionalism that have defined his career here and elsewhere. Congratulations, Jim, on this well-deserved appointment!

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.

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.