Seeking Workers’ Compensation Benefits After a Work Accident
October 30, 2019
Workplace injuries are an unfortunate reality, particularly in industries such as construction, warehousing, and transportation. Maryland law states that employers must provide Workers’ Compensation insurance coverage for employees who are injured on the job. This coverage provides financial compensation for medical expenses, lost wages, and disability benefits if the injury prevents the worker from returning to work for an extended period. There are several steps workers must take to ensure that they receive the full benefits that they deserve. An experienced Workers’ Compensation lawyer can guide workers through every step of the claims process.
In Maryland, injured workers have 60 days to file a Workers’ Compensation claim, unless there are extenuating circumstances, in which case, there is a two-year deadline. Prior to filing a claim, the injured worker must notify their employer about the injury within 10 days of the accident. If the injury resulted in a fatality, the employer must be notified about the fatal injury within 30 days of the death. If a workplace accident did not result in any injuries, it is still important that the employee report the accident so that their employer can take the appropriate steps to prevent future accidents.
Workers’ Compensation Law Prohibits Employees from Suing Their Employer
Since injured employees are covered by Workers’ Compensation in Maryland, they may not sue their employer over a workplace injury. An exception to this rule is if a worker developed mesothelioma from asbestos exposure in the workplace. However, employees who are covered by Workers’ Compensation do not have to prove that the employer was negligent. In fact, even if the injury was caused by the employee’s own negligence, they will still receive compensation, unless the worker was under the influence of drugs or alcohol at the time of the accident.
Depending on the nature of the injury, the worker should seek medical attention as soon as possible. For more severe injuries, this may involve going to the closest emergency room. If the injury is not life threatening or serious enough to warrant a trip to the hospital, the worker should see a doctor. In some cases, the employer may recommend a specific doctor. However, an employee may see another health care professional if they are not satisfied with the care provided. Injured workers are also entitled to seek a second opinion, although Workers’ Compensation may not pay for this.
It is the employer’s responsibility to file a Workers’ Compensation claim after the accident has been reported. Workers may follow up with their employers to make sure that the claim was filed. They may also request a copy of the claim once it has been filed by the employer.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Assist Clients with the Claims Process
If you were injured at work, the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will walk you through the claims process and ensure that you receive the full financial benefits you deserve. We will protect your legal rights and address all your questions and concerns. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online. Located in Baltimore, we serve clients throughout Maryland.
