Worker’s Rights: What to Do If Injured at Work in Maryland

Workplace injuries can happen to anyone, regardless of industry or job role. Understanding your rights and knowing the appropriate steps to take if you are injured at work in Maryland is crucial for both employees and employers. This article aims to educate workers on their Maryland work injury rights and the specific protocols and legal options available to them.

Understanding Maryland Work Injury Rights

Maryland’s workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses. These laws ensure that injured workers receive necessary medical treatment and compensation for lost wages during their recovery.

Immediate Steps to Take After a Work Injury

1. Report the Injury:

Notify Your Employer: As soon as you are injured, report the incident to your employer. Maryland law requires that you inform your employer about the injury as soon as possible. Prompt reporting is crucial for the success of your workers’ compensation claim.
Document the Incident: Keep a detailed record of the injury, including the time, date, location, and circumstances. This documentation will be valuable for your claim.

2. Seek Medical Attention:

Emergency Care: If the injury is severe, seek immediate medical attention. Your health and safety are the top priorities.
Authorized Medical Providers: For non-emergency situations, visit a medical provider authorized by your employer’s workers’ compensation insurance. Ensure all treatments and diagnoses are documented.

3. File a Workers’ Compensation Claim:

Claim Form: Complete the required workers’ compensation claim form and submit it to your employer’s insurance carrier. This initiates the official claim process.
Follow-Up: Keep track of your claim status and follow up as needed to ensure it is being processed.

Legal Options and Rights for Injured Workers in Maryland

1. Workers’ Compensation Benefits:

Medical Expenses: Workers’ compensation covers all necessary medical treatments related to your injury, including doctor visits, surgery, medication, and physical therapy.
Wage Replacement: If you are unable to work due to your injury, you are entitled to wage replacement benefits. These benefits typically amount to two-thirds of your average weekly wage, subject to state maximum limits.
Permanent Disability: If your injury results in permanent disability, you may be eligible for additional compensation based on the severity of the disability.

2. Return-to-Work Programs:

Light Duty: Your employer may offer a light-duty position that accommodates your medical restrictions. This allows you to return to work while continuing your recovery.
Vocational Rehabilitation: If you cannot return to your previous job, vocational rehabilitation services can help you acquire new skills and find alternative employment.

3. Legal Representation:

Hiring an Attorney: While not required, having an experienced workers’ compensation attorney can be beneficial. An attorney can help navigate the complex claims process, ensure your rights are protected, and advocate on your behalf.
Appealing a Denied Claim: If your claim is denied, you have the right to appeal the decision. An attorney can assist in gathering additional evidence and representing you during the appeals process.

Responsibilities of Employers in Maryland

Employers in Maryland also have specific responsibilities to ensure the safety and well-being of their employees.

1. Providing a Safe Workplace:

Safety Training: Employers must provide proper safety training and ensure that all employees understand workplace safety protocols.
Maintaining Equipment: Regular maintenance of equipment and machinery is essential to prevent accidents.

2. Workers’ Compensation Insurance:

Coverage Requirements: Maryland law requires employers to carry workers’ compensation insurance. This insurance covers medical expenses and lost wages for employees injured on the job.
Prompt Reporting: Employers must promptly report workplace injuries to their insurance carrier and the Maryland Workers’ Compensation Commission.

3. Supporting Injured Workers:

Return-to-Work Programs: Employers should support injured workers by providing return-to-work programs and accommodating medical restrictions.
Communication: Maintaining open communication with injured employees helps ensure they receive the necessary support and resources during their recovery.

Common Challenges in Workers’ Compensation Claims

Navigating the workers’ compensation process can be challenging. Here are some common issues that may arise:

1. Claim Denials:

Insufficient Evidence: Claims can be denied due to lack of evidence supporting the injury. Ensure all incidents are well-documented and medical records are comprehensive.
Pre-Existing Conditions: Insurance companies may argue that your injury is related to a pre-existing condition rather than a workplace incident.

2. Delayed Benefits:

Processing Delays: There may be delays in processing claims, which can postpone receiving necessary benefits. Regular follow-ups can help expedite the process.
Disputes Over Medical Treatment: Disagreements about the necessity or extent of medical treatments can also delay benefits.

3. Retaliation Concerns:

Employer Retaliation: Some employees fear retaliation from their employers for filing a claim. Maryland law prohibits any form of retaliation, and legal action can be taken against employers who violate this provision.

Navigating Your Rights with Confidence

Understanding your rights and responsibilities after a workplace injury is crucial for ensuring you receive the benefits and support you deserve. Maryland’s workers’ compensation system is designed to protect both employees and employers, providing a structured process for handling work-related injuries. By following the appropriate steps and seeking legal guidance when necessary, you can navigate the complexities of workers’ compensation and focus on your recovery.

If you need assistance with a workers’ compensation claim or have questions about your rights, The Law Offices of Nicholas A. Parr is here to help. Contact us today for expert legal advice and representation.