What Is The Maryland Workers' Compensation System?

By Andrew Kahn

Kahn, Smith & Collins, P.A.

Many employees fail to take advantage of their rights under the workers’ compensation laws of Maryland because: (1) they do not understand the benefits they are entitled to; (2) they are afraid of employer retaliation if they file a claim; and/or (3) they are concerned about attorney’s fees and other costs associated with pursuing their rights. This article will briefly summarize the workers’ compensation system and provide you with the basic information you need to understand your rights when you are injured on the job.

The History Of Workers’ Compensation

Prior to 1914 when Maryland enacted its first workers’ compensation law, there existed no special relationship between an employer and employee which entitled the employee to any benefits simply because of an injury sustained in the course of employment. Therefore, if an employee simply fell into an open stairwell (because he was not paying attention) and was killed, no benefits would be due to the surviving widow and children. Unless the surviving family could prove that the employee’s death was directly caused by the negligence of the employer, the family would be left to fend for itself.

In the era before workers’ compensation, a lot of families were left in desperate straits. Therefore, the workers’ compensation law was created as a compromise that was intended to benefit society as a whole. The compromise was this: employees would be entitled to medical care and other benefits if they were injured on the job as the result of an accident or occupational disease (even if the employer did nothing to cause the accident).

However, 1) the workers’ compensation claim would be the employee’s only remedy against the employer. The employee could not sue the employer even if the employer were grossly negligent in causing the injury and, 2) the benefits which could be received would be strictly limited to the amounts set forth in the workers’ compensation law. The law was not intended to provide the employee with a full recovery and it clearly does not do so.

What Benefits Are Provided?

If you have sustained a work-related accident or occupational disease, you may obtain: 1) two-thirds of your salary, tax free (up to $965 per week for 2012), while you are disabled from work and receiving medical care. 2) Full payment of related medical expenses. 3) Vocational rehabilitation services if your injury disables you from your existing job. 4) Monetary compensation for any permanent disability resulting from your work-related injury (from a few hundred dollars to a few hundred-thousand dollars depending on the severity of the injury).

How Do I Obtain Benefits?

You should contact an experienced workers’ compensation attorney to file a claim on your behalf. No attorney’s fees need to be paid by the employee to their attorney. All fees are strictly regulated by the Workers’ Compensation Commission and are only deducted from insurance proceeds, not paid out of pocket by the employee. Your employer and their insurer will be represented by an attorney, so you really need your own representation to obtain appropriate compensation.

If you have any questions or need advice regarding a work-related injury, please feel free to contact Andrew Kahn at Kahn, Smith & Collins, P.A., Attorneys-At-Law 410-244-1010.