People go to work expecting their routine to go as usual every day. They complete their work and go home when the day is done. People do not usually consider the possibility of being involved in an accident at work. No matter what an individual’s job is, there is always a chance of an accident occurring at work. If an accident does happen, employees should feel comfortable knowing that workers’ compensation is available to them if they are injured on the job.
If an employee is injured at work, financial compensation is available to them. Workers’ compensation is insurance that the majority of employers in Maryland are required to have in case their employees become hurt on the job. It exists so employees do not lose their jobs if they become injured at work. With this compensation, they are able to collect benefits that help them while they are unable to work. This can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right to other benefits:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
If an employee is hurt at work, it is important they report the accident to their employer immediately. If they do not, it could impact a claim they file with the Maryland Workers’ Compensation Commission. After a claim is filed, the individual may receive temporary total disability payments if they cannot return to work after the accident. If a claim is denied, they may go to a hearing with the Workers’ Compensation Commission. In the hearing, a commissioner will review both sides of the situation and make a decision. It is important to know that, when a conclusion is reached, both parties have the right to appeal.
Who is Responsible?
When someone is injured at work, they hold their employer responsible for their injuries. However, this can create a hostile work environment. Instead of going after an employer, workers’ compensation is available to employees. When workers’ compensation is received, neither the employee or employer is responsible for any injuries.
This system protects both parties, as employees are not able to pursue legal action against an employer if they receive workers’ compensation benefits. The circumstances can change if a third party was involved in the accident.
Third Party Lawsuits
While legal action cannot be taken against an employer while receiving workers’ compensation, the individual may be able to take legal action against a third party. If another party is responsible for the individual’s injury, that party can be held responsible while they still collect workers’ compensation. To prove liability, the employee must prove the third party knew about, or should have known about, the conditions that caused the injury. This requires them to find evidence. If the employee receives compensation from the third party, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact the Law Offices of Timian & Fawcett, LLC. today.
If you are in this situation, it is important to discuss this situation with an attorney. The attorneys at Timian & Fawcett, LLC provide effective legal services to clients in Prince George’s County, Washington, D.C. and all of Maryland. Our firm is dedicated to our clients. If you need our help, we are ready to serve. Contact Timian & Fawcett, LLC.