MARYLAND WORKERS COMPENSATION LAWYERS
Maryland History
Maryland worker’s compensation – often called workers’ comp for short - has deep roots in Maryland law. Maryland was the first state in the country to institute a workers’ compensation law in 1902. Interestingly, Baltimore City Judge Henry Stockbridge – later a judge on the Maryland Court of Appeals - declared Maryland’s first workers' compensation law unconstitutional because it did not allow workers to pursue their rights to a jury trial. There is a great deal of logic beyond this reasoning, but this reasoning quickly gave way to the economic realities of a need for a system to compensate workers cheaply and efficiently in the new industrial economy. In 1914, then Maryland Governor Phillips Lee Goldsborough introduced another Workmen's Compensation Act that was approved by the Maryland legislature.
Incredibly, we are still using the same general framework of the Maryland Workers’ Compensation Act that was enacted in 1914. The 1914 Workers' Compensation Act compensated employees – as it does today - for accidental injuries, but only for those occurring in "extra-hazardous" employment, and the Act excluded "occupational diseases," which was added in 1939.
Purpose of the Maryland Workers’ Compensation Statute
Injured Maryland workers who meet the workers' compensation criteria may receive compensation for their injuries even if the injury suffered was the result on their own negligence – in other words, the employee’s own fault. Accordingly, the Maryland workers’ compensation system is based not on a system of providing justice, but to provide support and security for injured workers.
In 1914, purchasing workers’ compensation insurance was optional. Today, Maryland law requires all employers to purchase workers compensation insurance coverage, or at least provide self insurance, assuming certain obligations are met and they are approved with the Maryland Workers' Compensation Commission. Accordingly, the vast majority of employees in Maryland are covered under Maryland’s workers comp law.
Accidental Injury Requirement Explained
As in 1914, to be covered in Maryland, a workers’ compensation injury must be an “accidental injury.” The current Maryland Workers' Compensation Act in § 9-101(b) of the Labor and Employment Article defines "accidental personal injury" as: (1) an accidental injury that arises out of and in the course of employment; (2) an injury caused by a willful or negligent act of a third person directed against a covered employee in the course of the employment of the covered employee; or(3) a disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including:(i) an occupational disease; and (ii) frostbite or sunstroke caused by a weather condition." Maryland workers’ comp lawyers are often disputing the nuances of whether an injury is an accident as defined by this statue.
What Is Covered? Medical Bills, Lost Wages, Disability Benefits
Maryland workers’ comp allows a worker who suffers personal injuries on the job and cannot work to receive two-thirds of his or her average weekly wage at the time of his injury. There is no time limit on how long you can receive workers’ compensation benefits for your injuries. One of my favorite workers’ compensation lawyers has a saying: “Workers comp is better than love because it is forever.”
If you have an accident injury, besides payment of your medical bills and lost wages, there are four types of disability benefits covered by Maryland’s workers’ comp statute: temporary total, temporary partial, permanent partial and permanent total disability benefits.
What to Do If You Need a Maryland Workers’ Compensation Lawyer
Reading our lawyers’ detailed explanation of Maryland’s workers’ comp law, you might think that we handle a large volume of workers’ comp cases in Maryland. We do not. In fact, we will only handle a workers’ compensation claim in extremely serious cases or if there is a related auto or truck accident, medical malpractice, or products liability claim. In other words, our Maryland workers’ comp lawyers will only get involved if there is an underlying negligence claim against someone other than the injured worker’s employer. But if your claim is solely against your employer’s insurance company and you need a Maryland workers’ comp lawyer, feel free to call Ron Miller at 410-553-6000. We work with a lot of great workers’ comp lawyers in Maryland and I will be glad to give you the name of someone who we think would do a great job of getting you a quick and fair compensation for your injuries.
See also Report on Maryland Workers Compensation Claims (report that indicated Maryland has an efficient system compared to other states)