Workers’ compensation comes as a huge relief after you’re injured on the job. When you experience a workplace injury or illness, the pay that comes with workers’ comp ensures you can still provide for your family and handle your bills during your recovery period.
Below, the team at Zirkin & Schmerling Law answers common questions people ask us about how to file a claim if you are injured at work, Maryland’s workers compensation law, and receiving workers’ compensation to cover lost wages while recovering from your injuries. If you are an injured worker who has suffered a permanent disability due to your work-related injuries call us to discuss your case. If you have questions about securing workers’ compensation in Maryland, we’re here to help.
For legal insight into your unique situation, please call us 24/7 at 410-753-4611 or schedule your free consultation online.
Workers Compensation FAQ
The right Maryland workers’ compensation attorney has plenty of experience handling these claims and offers a free initial consultation. They should provide comprehensive services like helping you investigate the circumstances of your injury, collecting evidence of the incident, reviewing your medical records, and evaluating your claim. The right attorney can guide you through the entire journey, from the first filing to arguing appeals and securing compensation.
In general, workers’ compensation pays two-thirds of your average weekly wage up to a certain level set by the state of Maryland. Your average weekly wage will be calculated based on your previous 14 weeks of work. If the average weekly wage is $1,050 then the workers’ compensation rate is $701. The highest rate in 2021 is $1,050.
It’s illegal for an employer to fire you solely due to your request for workers’ compensation under the Maryland Code for Labor and Employment. If you can prove you were terminated for this reason, you may have a case for civil action against the employer. However, Maryland is an employment-at-will state, which means your employer is permitted to fire you for other reasons that may involve your performance, their business needs, or for no reason at all. This is why it’s hard to win a civil action over workers’ compensation-related termination without the help of a good lawyer.
There are various lenghts of time that a claim can be made, but typically you are not bound by these periods of time. However, there are periods that are statutorily firm that will cause your claim to be barred if the timing is not met correctly. The firm periods of time can be as short as 30 days and as long as 2 years depending on the facts of your workers’ compensation claim. To make sure you claim does not get time barred it is important to call a Maryland workers’ compensation attorney as soon as your medical condition allows. Can I Receive Workers’ Compensation Benefits While on an FMLA Leave of Absence?
While on leave under the Family and Medical Leave Act (FMLA), workers’ compensation benefits can only be paid if the FMLA time is unpaid without using PTO, vacation, or sick pay at the same time. This is a confusing aspect of using workers’ compensation with FMLA, so consult a workers’ compensation lawyer to clarify the best way to handle your situation.
Under Maryland law, employees have the right to receive compensation when their injury “arises out of and in the course of employment.” Your benefits vary depending on the severity of your injury and your average weekly wage. You have the right to a hearing to investigate the claim and to be notified of the outcome. Plus, you have the right to an attorney for the duration of the process.
After an on-the-job injury, notify your supervisor or the company immediately and ensure they take an incident report. Next, see a doctor as soon as possible about your injuries and keep all of the related paperwork. Gather information from any witnesses to the incident. Make your official claim through the Maryland Workers’ Compensation Commission with the help of an experienced Maryland workers’ compensation lawyer.
If you take your chances on reporting the injury because it’s not too serious, you may miss your opportunity to claim workers’ compensation. Even if your injury becomes worse or disabling later, the insurance company could argue that your injury wasn’t serious enough for you to make a claim immediately. Waiting almost always harms your chances of a positive outcome in terms of compensation.
Unfortunately, supervisors and employers sometimes refuse to make incident reports about employee injuries, even though the state requires it if more than three days are missed from work . If you’re in this position, write down your own description of what happened and submit it to them anyway, requesting that they sign and date it. If they refuse this, you can still submit your report to the Maryland Workers’ Compensation Commission with the help of your lawyer. Employers that fail to handle workers’ compensation claims appropriately are subject to penalties under the law, so don’t let their stubbornness stop you.
Have a Legal Question? We Have Answers
When you need to learn more about your rights, employee claim forms and Maryland state law, the attorneys at Zirkin & Schmerling Law can help. Contact us or call us at (410) 753-4611 to set up an appointment with one of our experienced workers’ compensation lawyers today.