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Maryland's Workman's Comp Law???

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  • Maryland's Workman's Comp Law???

    My mother in law fell on the job and since has been given the run around.

    We hired an attorney and they found out that her job doesn't have "ANY" insurance.

    So now she will have to take it to court.

    What is the law in Maryland on worker's comp. like how much for each employee etc...


    Thank you
    Laurie in Maryland
    Last edited by MarylandgirlUSA; 04-18-2006, 02:12 PM.

  • #2
    I handle a LOT of WC for MD but your questions are a bit too general to give you a sound answer.

    If her employer does not have UC, there is a special fund that covers the employee. It does not require court and in fact, can not as WC is an exclusive remedy. If her attorney is talking about suing the employer for the injury, run, run far. This person clearly has no idea what they are talking about.

    If the employer disputes the claim it may need to go to a hearing. This is not court and while it is a formal legal proceeding it is a lot less intimidating and no where near as complicated. Heck, depending on where in the state you are located it might even be in the basement of a hotel.

    As for what is covered, that depends. Related medical bills that are reasonable and necessary are covered. So is lost time if she needs to be off work due to her injury. There is no set amount that is covered or that each employee receives.

    You can find more at the MD WCC site but I will be the first to admit it is not very user friendly. You can find a diagram of how a typical claim progresses here http://www.wcc.state.md.us/PDF/Publi...Claim_flow.pdf. Don't let it intimidate you as most claims are much less complex than the chart would have you believe. In the vast majority of cases the employee seeks treatment, gets better, and the story ends.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      My question is: Isn't it a LAW that employers must carry workman's comp? and if so they have to pay a certain amount per worker or how many workers they have.

      Sorry for the misunderstanding but the lawyer we have hired is very reputable. Other information was given to my mother in law but she tends to mess it up what was said to what she thought she heard.

      I would think they should have a heavy penalty to pay for NOT having any insurance.

      Laurie
      Last edited by MarylandgirlUSA; 04-18-2006, 02:52 PM.

      Comment


      • #4
        Yes it is the law that employers must carry WC insurance. Straight from the WCC site
        Employers in the State of Maryland are required to obtain workers’ compensation insurance from any insurance company licensed to write workers’ compensation insurance, the Injured Workers’ Insurance Fund or by becoming a self-insured employer (requires prior approval of the Workers’ Compensation Commission). Employers failing to secure workers’ compensation insurance as required by law shall be guilty of a misdemeanor, and shall be subject to a fine of not less than $500.00 nor more than $5,000 or by imprisonment for not more than one year, or both fine and imprisonment. If the employer is a corporation, the officer of the corporation having the responsibility for the general management of the corporation in the State shall be liable for such fine and imprisonment as herein provided. The entire cost of workers’ compensation insurance must be borne by the employer. Any employer who deducts any portion of this premium from the wages of his/her employee, entitled to the benefits under this Law, shall be guilty of a misdemeanor.

        The employee does not receive any monetary award because their employer failed to comply, the state does.

        What the carrier charges for WC insurance depends upon the type of business, the duties performed by the individual and past claims experience. There is no one size fits all fee that is charged per employee.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

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