Workers Compensation Archives - Zirkin and Schmerling Law

A presumption in favor of granting COVID-19 workers’ compensation benefits?

As of August 28, 2020, Honolulu firefighters are asking the mayor of their city to make it easier for them to obtain workers’ compensation benefits related to COVID-19. Specifically, the firefighters are hoping that the mayor will enact a legal presumption in their favor. This would mean that if a firefighter gets sick with COVID-19, […]

If an Employee Catches COVID-19 at Work and Dies, Can the Family Sue the Employer for Wrongful Death?

As the country continues to reel from the coronavirus pandemic, new legal issues also arise. There has been talk in the media of people bringing wrongful death lawsuits against companies, alleging that the companies are responsible for the deaths of their loved ones who contracted COVID-19 while at work. Employers and employees alike are wondering: […]

What Liability Do Businesses Have for Employees Returning to Work?

The State of Maryland’s Roadmap to Recovery has hit phase two and we’ve “flattened the curve” by limiting COVID-19’s impact on the state. Many types of businesses are now at least partially open to the public, including restaurants, amusement parks, gyms, casinos, malls, manufacturing, professional services, retail outlets, and more. So what does this mean […]

Permanent Partial Disability and COVID-19 Part II

In Part I of this blog post, I gave a basic overview of permanent partial disability (PPD) benefits.  So what kind of permanent partial disability benefits might someone who gets infected with COVID-19 at work expect to receive?  Permanent partial disability benefits usually involve lasting physical effects.  I found at least one news article describing […]

Permanent Partial Disability (PPD) Benefits and COVID-19, Part I: An Introduction to PPD

When someone in Maryland is injured on the job, the Workers’ Compensation statute allows that person to receive certain benefits.  Those benefits include Temporary Total Disability (TTD) payments, which provide for two-thirds of the person’s average weekly wage during the time the person is totally unable to work due to the work accident.  Another class […]

Is COVID 19 better classified as an “accidental personal injury?”

A few weeks ago I wrote a piece discussing whether or not someone who contracts COVID-19 while at work has contracted an “occupational disease” for which he or she could receive workers’ compensation benefits.  As I mentioned in that article, COVID-19 presents novel legal questions.  In this article, I will consider whether or not COVID-19 […]

Is COVID-19 a compensable “occupational disease” under the law of Workers’ Compensation in Maryland?

The current COVID-19 pandemic is obviously an unprecedented public health crisis in American society.  Numerous industries and organizations, including the legal community, are facing uncharted questions and challenges. I’d like to examine one such question that is relevant to my particular area of legal practice, Workers’ Compensation in Maryland: whether someone who is deemed an […]

Protecting the Front-Line Healthcare Workers During the Coronavirus Pandemic

As the nation and the world grapple with the coronavirus pandemic, it is critical that we protect our front-line in this battle, our healthcare workforce.  Doctors, nurses, physicians’ assistants, and everyone else at our hospital setting are at enhanced risk for contracting the virus, and it is vital that we do everything possible o keep […]