Articles Posted in Workers Compensation

Last month, we blogged about why employers sometimes discourage injured workers from filing a Workers’ Compensation claim in Maryland (see “The Top 3 Reasons Employers Tell Injured Workers Not to File — And Why You Shouldn’t Listen to Them,” June 8, 2009). Now, let’s look at why documenting your injury and seeking immediate medical attention — coupled with consulting an experienced attorney who knows the system — is so important to your future well-being.

“Causal Connection” and the Maryland Workers Comp Two-Year Limitation

If you’re hurt at work, the good news is you have two years to file a Work Comp case in Maryland. However filing and winning are two different things. Let’s say you bang your knee at work, it swells up, and you go to the emergency room. Your employer says, “Oh God, don’t file a work comp claim, I’ll pay your medical bills and give you some time off.” Doesn’t sound like a bad offer at the time, and you accept.

Unlike a lot of states, the Maryland Workers’ Compensation system is very adversarial. In some states, the hurdle injured workers have to get over to receive compensation is ridiculously low. They basically just need to prove that they were hurt at work — or anything remotely close to work. If they were injured driving to or home from work, they’re covered. Even if they were goofing around and got hurt at work, they’re covered. In Maryland, it’s different.

Maryland is an “at will” employment state, meaning you can be fired at will by your employer, providing they’re not violating any Federal laws against discrimination for age, gender, race, etc. The playing field is not level — it’s tilted in the employer’s favor. And that goes for the Maryland Workers Comp system, too.

The bright spot is if you’re injured on the job in Maryland, your employer is required by law to carry workers’ compensation insurance. Even if they don’t have it — which I’ve seen a dozen times or so in 20 years of helping injured workers in Maryland — the Uninsured Employers’ Fund will step in and pay. So the good news is if you’re hurt at work in Maryland and if you have a compensable claim, your employer has insurance to cover it.

The laws and regulations governing Maryland Workers Comp cases are in place to protect people who are injured at work or in the course of doing their jobs. But what happens if you’re employed as an “independent contractor,” as are so many plumbers, electricians, carpenters, painters, and other trades people in the construction industry, where serious and fatal accidents can and do happen?

Do you have the same rights to Maryland Workers Compensation benefits if you’re injured on the job in Maryland? A bill before Maryland lawmakers is tackling the issue of independent contractors’ rights. As the law stands now, employers who classify workers as “independent contractors” are exempt from paying Social Security and Medicare taxes, unemployment insurance, and workers’ compensation premiums. So if you’re injured on the job and you’re classified as an independent contractor — you’re on your own.

According to a report in The Washington Post, state officials believe as many as 20 percent of Maryland’s blue-collar workers are wrongly classified as independent contractors. The Maryland Governor is calling on the General Assembly to make it illegal for employers to misclassify workers as independent contractors. Building industry representatives object to the proposed law, which would fine business owners $5,000 for each worker they knowingly misclassified. Repeat offenders would receive additional fines and could be debarred and put out of business.