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How does workers compensation work?

Montgomery County, MD Workers Compensation Lawyer

Montgomery County, MD workers compensation lawyerAny good Montgomery County, MD workers compensation lawyer knows all too well that most people do not understand the complexities of a workers compensation claim. Read below to find out more, and what steps you can take to deal with your injury.

Workers Compensation – A state mandated insurance program that protects injured and ill workers. This means that no matter who is at fault for an injury or illness, the worker will receive benefits and be insured while they are out of work.

Incidents not covered

Workers compensation insurance covers injuries that result from employees’ or employers’ carelessness. There is a broad range of situations covered by this insurance but this broad range contains limits. For example, states may impose drug and alcohol testing on the person receiving benefits. However, as an experienced Montgomery County, MD workers compensation lawyer may warn you, the benefits can be denied if the employee does not pass these tests or was under the influence during the time of their injury. These circumstances would put the injured person at fault since they decided to put themselves at risk by not being sober. Additionally, compensation can be denied if the injuries were self-inflicted, the employee was breaking the law/violating a company rule or if the employee was not on the job while being injured.

Work related injuries are injuries that happen on the job while you were doing something for your company or employer under their instruction. These injuries also may take place in company owned trucks, properties, or job sites.

Workers compensation coverage

  • medical care from the injury or illness
  • replacement income
  • costs for retraining
  • compensation for any permanent injuries
  • benefits to survivors of workers who are killed on the job

According to a Montgomery County, MD workers compensation lawyer, if a person receives workers compensation benefits, than that person cannot sue their employer. Also, workers compensation does not cover pain and suffering benefits.

Wage Replacement

  • Typically, wage replacement covers two/thirds of the workers normal wage however there is a set limit that these benefits will not go over.
  • Wage replacement is not taxed
  • Employees are eligible for wage replacement after a few work days are missed due to the injury or illness

Long Term injuries

Workers compensation does not only cover single accidents but also covers illnesses and problems that worsened over a long period of time. Examples of this may be back problems or carpal tunnel syndrome which develop over long periods of time.

People who are covered

For the most part, there are three basic eligibility requirements for workers compensation benefits:

  1. You must be an employee.
  2. Your employer must carry workers’ comp insurance.
  3. You must have a work-related injury or illness.

A good Montgomery County, MD workers compensation lawyer may inform you that some categories of employees have special rules. These categories include domestic workers, farm workers, seasonal workers, and workers with an employer by temp agencies. These rules vary from state to state so it is important to reach out to and experienced attorney to find out the rights and regulations specific to where you live.

People excluded from workers compensation

  • independent contractors
  • 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

If you believe your worker compensation rights have been violated or your company is denying your rights, do not hesitate to contact Cohen & Cohen, P.C. to set up your free consultation with a trusted Montgomery County, MD workers compensation lawyer on our team.

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