Workers Compensation Lawyers Gaithersburg, MD
As most workers compensation lawyers Gaithersburg, MD residents trust will tell you, if you happen to be hurt of suffer an illness from your work, you may be entitled to workers compensation. This can include payments for medical bills, loss wages, and and damage you suffer. If you are eligible for these benefits, you can receive them no matter who caused the injury. When you do have this protection however, you cannot file a lawsuit against your employer.
For the most part, the requirements for worker comp benefits are:
- you must be an employee.
- your employer must carry workers’ comp insurance.
- you must have a work-related injury or illness.
Some categories of work have special rules and restrictions such as:
- domestic workers
- agricultural and farm workers
- casual or seasonal workers
- workers placed with an employer by temp agencies
First Requirement
Skilled workers compensation lawyers in Gaithersburg, MD will likely tell you that for the most part, most employers are required to provide workers compensation benefits to employees however these laws can vary from state to state. Different employers have the responsibility to handle workers compensation benefits.
Many states require any employer to have coverage on at least one worker but some others states require around two to five employees to have coverage. These requirements can be different for different agricultural or construction businesses.
Often times, employers will buy workers comp insurance even if they are not required to because this can protect them from future lawsuit. This can be bought on the private market or from a state fund.
The federal government has its own separate workers comp system. Federal employees must look to their own system and not to state systems.
Second Requirement
Workers compensation lawyers in Gaithersburg, MD will also inform you that the second requirement is that you must be an employee. This means that if you are an independent contractor like freelancers, consultants, or members of the “gig” economy you will not be able to revience workers compensation benefits. Additionally people like Uber drivers are technically independent contractors however these cases can go to court. A third group not included in workers comp benefits is volunteers. However, there are some exceptions to this like volunteer firefighters.
Some more people excluded from workers compensation:
- railroad employees
- casual workers
- business owners
- volunteers
- employees of private homes
- farmers and farmhands
- maritime employees
- undocumented workers
- casual or seasonal workers
- leased or loaned employees
Third Requirement
Workers compensation lawyers in Gaithersburg, MD will also inform you that the injury must be work related. This includes any action you were doing for your employer that caused your injury or illness. If your injuries were clearly work related like you hurt your back while unloading boxes these cases can be more clear than something like developing carpal tunnel syndrome over a number or years. Additionally some gray area can be related to lunch breaks or work gatherings because you are not technically on the job. It is important to contact an experienced attorney to help you make sure you are getting the proper workers comp benefits.
If you believe your worker compensation rights have been violated or your company is denying your rights, do not hesitate to contact Cohen & Cohen to set up your free consultation with a trusted workers compensation lawyers Gaithersburg, MD residents trust on our team.
