The Basics of Workers' Compensation

In Maryland, only diseases caused by an employee’s work and accidental personal injuries that arise out of and in the course of employment are covered by workers’ compensation. The accident must have occurred as a result of the employee’s job and have occurred in a time, place, and circumstance related to the job.  Moreover, there has to be an employee-employer relationship.  In most cases, contractors are not considered employees and are ineligible for workers’ compensation. 

If an accident occurs and an employee has a disability that lasts more than three days, the employer must report the accident to the Workers’ Compensation Commission, the employer’s insurance carrier, and the Department of Labor, Licensing, and Regulation.  Similarly, the injured employee needs to send a claim to the Workers’ Compensation Commission.  If the accident is covered by workers’ compensation, the employer and the insurance company are responsible for medical expenses, lost wages, vocational rehabilitation, as well as compensating the employee for a resulting disability, even if the disability is not permanent.

Employers in Maryland are required to have workers’ compensation insurance.  If they do not have insurance, they are subject to a fine between $500 and $5,000 and/or up to a year of jail.  If the employer is a corporation, the officer responsible for the general management of the corporation is the person subject to the penalties. 

If you would like to arrange a consultation please contact The Law Office of Phillip E. Chalker, at (443) 961-7345 or at phillip@attorneychalker.com.