The workers' compensation lawyers at Foran and Foran, P.A. have almost 70 years of combined experience handling workers’ compensation injury cases in Greenbelt, Bowie, Lanham, Laurel, Hyattsville and College Park, Maryland. We understand how important these cases can be in your life and are immediately available to meet with you to get started on your case today.
The Maryland Workers Compensation Commission and the District of Columbia Office of Worker’s Compensation each have their very own unique policies, procedures and laws that must be followed. Our workers' compensation attorneys are licensed to practice law in Maryland and the District of Columbia.
If you or someone you know was injured in a workplace accident, you need to find the right Maryland workers' compensation lawyer. At the law firm of Foran and Foran, PA., we have extensive experience connecting injured workers with meaningful benefits, enabling them to overcome their injuries, get back to work, and get back to their lives.
The Maryland Workers Compensation SystemWorkers compensation is an insurance-based system created to connect workers who get injured on the job with benefits that cover their medical expenses and lost wages. Each jurisdiction has its own workers' compensation laws. The Maryland workers’ compensation system is a no-fault system, meaning you do not need to show that anyone else was responsible for your injuries. In fact, you can still obtain benefits even if you were responsible for your own injuries.
There are multiple parties to any workers' compensation claim, which include:
If you are injured in an accident while at work or during the course of your employment, you should ensure that you are represented by a Maryland workers' compensation attorney with knowledge of the system and a track record of success. Having a lawyer not only helps your chances of success on the merits, but it also sends a message to the insurance company that you mean business. In fact, the one threat that insurance companies understand better than any other is the threat of litigation.
Many injured workers will try to handle their own case, thinking they will avoid a legal fee and get the same result as if they had retained counsel. What they don't understand is that the insurance company will respond to any unrepresented person with a lowball offer. Thus, to maximize your recovery, you should make sure you are represented by a dedicated Prince George’s County workers' compensation attorney who is willing to fight to get you what you deserve.
Maryland Workers Compensation LawBelow are a few issues that frequently come up in workers’ compensation cases.
Are You an Employee?
The first step in determining if workers compensation coverage exists is to determine if an employee/employer relationship existed at the time of the injury. There are various factors to be considered in the determination. For example, how you are paid, the level of autonomy you have, and the degree of skill needed to perform your work-related tasks can all play a role in whether you are classified as an employee or an independent contractor. However, if you receive a regular paycheck and benefits, you are almost certainly an employee.
Statutory employment can arise under Lab. & Emp. 9-508, which provides that a principal contractor must provide workers' compensation insurance for all the employees working for their subcontractors. Independent contractors are generally not covered under workers' compensation laws. Employees are people who work under an express or implied contract. Employees who only work on a casual basis (occasional, short-term work) will not be afforded coverage.
Did Your Injuries “Arise Out of” and Occur in the Course of Your Employment?
Successful workers’ compensation claims in Maryland claims must arise out of and occur within the course of employment. In order for a claim to arise out of the employment, you must show that your injury was directly related to your employment.
“In the course” of employment is a different term that focuses on whether the injury occurred on the job. For example, if you are hurt while lifting a box in a warehouse, it’s almost certain that your injury was within the course of your employment. However, if you hurt your back over the weekend while you were helping a friend move, your injury could have been due to work-related factors, but it would be much harder to prove.
What Are Occupational Diseases?
In the workers' compensation context, an occupational disease is a chronic ailment or health condition that arises as a direct result of the work environment or activities related to a particular job. Unlike acute injuries, which result from specific incidents or accidents, occupational diseases typically develop over time due to prolonged exposure to hazardous conditions or repetitive actions. These diseases are recognized under workers' compensation laws, allowing affected employees to seek benefits for medical treatment, rehabilitation, and lost wages.
Is Workers’ Compensation Available for Death Claims?
Depending upon the date of death, Maryland Law provides that a party can claim dependency benefits if they were the dependent of a covered employee who suffered an accidental death. The Workers Compensation Commission usually determines whether dependents are wholly dependent or partially dependent upon the deceased at the time of the injury or disease that caused the death. Compensation payments can be prohibited in circumstances involving desertion of a spouse or circumstances involving marriage after the injury that causes the death or injury. Those with questions about workers’ compensation death benefits should reach out to an experienced Prince George’s County workers’ compensation attorney at Foran & Foran, P.A.
Speak With an Experienced Maryland Worker’s Compensation Attorney TodayIf you were recently hurt in a workplace accident and want to learn more about your rights, reach out to the dedicated Prince George’s County work injury lawyers at Foran & Foran, P.A. Our Maryland workers’ compensation lawyers have approximately 85 years of combined experience experience securing much-needed benefits on behalf of our clients, and we look forward to discussing how we can help you. To learn more, and to schedule a free consultation today, call us at 301-441-2022 or connect with us online by filling out our secure online form.