Are All Workers in Maryland Covered by Workers’ Compensation?

If you were recently injured on the job, or if a spouse or family member got hurt while working, one of your first questions is likely going to be about compensation and workers’ compensation coverage. In short, it is critical to determine whether you are eligible for workers’ compensation benefits and to begin the claims process. With that in mind, it is important to understand who is covered by workers’ compensation laws in Maryland and who is not.

Are all workers in Maryland covered? No, but many are indeed covered, and our Maryland workers’ compensation lawyers can explain.

Nearly All Employers Are Covered 

Workers’ compensation laws vary by state, and each state has its own rules and specificities in terms of workers’ compensation coverage. To determine whether a worker is covered, the first question is usually going to be whether the employer is covered — meaning whether or not the employer is required to have workers’ compensation insurance. In some states, only employers with a certain number of employees must carry workers’ compensation coverage, or only smaller employers in particular industries (like construction) are required to have workers’ compensation coverage. It is critical for you to know that Maryland is different. In Maryland, employers who are required to have coverage include most employers with at least one covered employee — whether the employer is a private or public employer.

In other words, if a worker can be eligible for workers’ compensation benefits based on their employment status, then the employer must carry workers’ compensation coverage. Accordingly, in Maryland, the first question is not typically about whether or not your employer is covered — it is a question about whether you are covered (because if you are, your employer usually must have coverage).

Employees, But Not Independent Contractors, Should Be Covered 

Under Maryland law, the definition of a covered employee for workers’ compensation purposes is this: “An individual, including a minor, is presumed to be a covered employee while in the service of an employer under an express or implied contract of apprenticeship or hire.” Even minors that are employed unlawfully by the employer are covered under Maryland law. Covered employees include full-time and part-time employees, as well as seasonal employees.

The only way an employer can “overcome the presumption of covered employment,” according to the statutory language, is to prove that the worker is actually an independent contractor and thus is not an employee who is eligible for workers’ compensation coverage. There are a number of factors that are used to determine whether a worker is an employee or an independent contractor. If you have any questions or concerns about your employment status, you should speak with a workers’ compensation lawyer as soon as possible.

Contact a Maryland Workers’ Compensation Lawyer 

As an employee for a private or public employer in Maryland, you are likely covered by Maryland workers’ compensation and may be eligible to file a claim for coverage based on the details surrounding your injury. You should get in touch with an experienced Maryland workers’ compensation attorney at the Law Offices of Steinhardt, Siskind and Lieberman, LLC as soon as possible to discuss your case and to obtain assistance with your workers’ compensation claim.

Source:

law.justia.com/codes/maryland/labor-and-employment/title-9/subtitle-2/