Any employee injured on the job regardless of whether the accident is the fault of the employer or the fault of the employee, unless the employee is guilty of gross misconduct. The employee is entitled to workers compensation benefits.
The are two types of workers compensation claims. The first type is an accidental personal injury claim.For an accidental injury claim the employee needs to be able to prove that a specific time and place at work the employee was injured. The second type is an occupational disease claim. Occupational disease claims occur when do to repetitive type work over an extended period of time and in certain occupations the employee develops a work related injury.
In order to file a Maryland workers compensation claim, the state of Maryland must have jurisdiction over the claim. Maryland covers employees that 1) work in Maryland or 2) work regularly in Maryland , but are hurt outside of Maryland on a job that is casual, incidental or occasional or 3)injured while working wholly outside United States under a contract of employment made in Maryland.
Must be an employee and not an Independent contractor. An independent contractor is one who contracts to perform a certain work for another according to his own means and methods, free from control of his employer in all details connected with the performance of the work, except as to it’s product or result.
Not covered under Maryland law if they are covered by federal law such as federal employees and longshoreman.
Employment must be more than casual. Casual employment is found when the work is occasional,incidental, or a usual concomitant of the employers business.
Maryland recognizes specific classes of employees that might not be considered employers under the regular definition.They include distributors of newspapers, farm worker, helper, jockey, juror,miner, minor, prisoners,school aide, vanpool operators, and volunteer fireman.
The employee can file a workers compensation claim even if the accident is totally his fault.Employee does not have to prove the employer or anyone else is at fault.
Maryland statute of limitations for filing a workers compensation claim
An attorney is essential in a Maryland workers compensation case.
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