First, it is important to understand what is considered part of the hand for Maryland workers’ compensation benefits. Under the law, injuries to some parts of the body are worth more than injuries to other parts. For example, an arm is valued higher than a hand, and a hand is valued higher than a finger. […]Continue Reading
Increased Comp Benefits for Public Safety Workers of Baltimore
Public safety employees—police officers and firefighters in particular—are some of the most indispensable members of our society. Their jobs are uniquely perilous, as they are consistently subject to on the job hazards that other occupations simply never encounter. For this reason, workers’ compensation disability benefits for certain public safety workers are paid at a higher […]Continue Reading
How much are Neck injuries worth?
As is true with all workers’ compensation claims, the value of any given case is determined by the particular facts of the case. No two cases are the same, and therefore injured workers should be cautious when attempting to value their claim based on what a co-workers got in their case, or even based on […]Continue Reading
Third-Party Claim against County Board of Education Employee
Statutory exception leaves Board responsible for tort judgment The general rule is that workers’ compensation is the exclusive remedy for injured workers who are hurt in the course of employment. In other words, the “exclusivity rule” in Maryland’s Workers’ Compensation Act’s (“the Act”) prohibits the injured worker from suing his or her employer in tort […]Continue Reading
Injured Worker’s Average Weekly Wage is Based on Original Date of Injury when Reopening a Claim
In Jung v. Southland Corp., 114 Md. App. 541 (1997), the Court of Appeals considered the authority to modify an employee’s AWW subsequent to the initial determination of same. The Claimant in Jung had previously incurred a temporary total disability (“TTD”) as a result of an accidental personal injury. The employer had previously paid TTD […]Continue Reading
Examples of Recent Comp Awards
Below are a few examples of workers’ compensation awards that were paid pursuant to a permanency finding by the Workers’ Compensation Commission, or alternatively, pursuant to a full and final settlement. Please note that these are just examples and that the value of an individual case depends largely on its particular facts. Body Part: back Injury: […]Continue Reading
Penalties for Misclassifying Independent Contractors to Increase
Maryland workers’ compensation benefits are only available to an injured worker who qualifies as a “covered employee.” If you are not a covered employee, you are an independent contractor and not entitled to benefits. In order to cut costs and improve their bottomline, some employers mischaracterize their employees as independent contractors. This is illegal, and […]Continue Reading
Dependents of Public Safety Employees can collect Workers’ Compensation Death Benefits in addition to State Retirement Benefits
As a general rule, workers’ compensation benefits for governmental employees are reduced by the amount of “similar” benefits received under a state retirement or pension plan. L&E § 9-610. Notwithstanding this standard, the Maryland General Assembly has carved out a statutory exception for certain public safety employees. Pursuant to Section 9-503(e)(1) of the Labor & […]Continue Reading
