When people go to work every day, they expect to follow their daily routine as always. People do not usually think about the possibility of being involved in an accident at work. Regardless of what an individual’s profession is, there is always a chance of an accident happening at work. If an accident does happen, employees should feel comfortable knowing that workers’ compensation is available to them if they become injured on the job.
If an employee is hurt at work, financial compensation is available to them. Workers’ compensation is a type of insurance that the majority of employers in Maryland are required to have. This is in case their employees become injured on the job. This exists so employees do not lose their jobs if they become injured at work. With these benefits, those who are injured are able to collect benefits to help them while they cannot work. The compensation can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right to other benefits such as:
- 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 injured at work, it is crucial for them to report the accident to their employer immediately. If they fail to do so, it may impact any claims filed with the Maryland Workers’ Compensation Commission. Once a claim is filed, they may receive temporary total disability payments if they are unable to return to work because of the injury. If a claim is denied, the individual may be able to go to a hearing with the Workers’ Compensation Commission. In the hearing, a commissioner will review both sides of the claim and make a decision. It is important to know that, when a conclusion is reached, both parties can appeal the decision.
Who is Responsible?
When a person is injured at work, they can hold their employer responsible. However, this can make for an uncomfortable work environment. Instead of targeting an employer, workers’ compensation is available for injured employees. When an individual accepts workers’ compensation benefits, neither the employee or employer is held responsible for the injuries.
This system protects both parties involved, as employees cannot pursue legal action against their employer if they are receiving workers’ compensation benefits. The circumstances are subject to change if a third party was involved in the accident.
Third Party Lawsuits
While legal action cannot be taken against an employer, an individual may be able to do so against a third party. If another party had a hand in the injury, that party can be held responsible while the employee still collects workers’ compensation. In order to prove liability, the employee must prove with evidence that the third party knew about, or should have known about, the conditions that caused the injury. If the employee wins the lawsuit and receives compensation, they may be required to pay back the workers’ compensation.
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 Decker, Tychostup & Friedman, LLC today.
Decker, Tychostup & Friedman, LLC is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Decker, Tychostup & Friedman, LLC to schedule a consultation.