Worker's Compensation FAQs

The following information has been provided by the Maryland workers' compensation lawyers at Murnane & O'Neill to help you get a head start on understanding workers compensation benefits and what you might need to do. Please make sure that you contact an attorney, even if it is not one of our attorneys.

What is "Workers' Compensation"?
Maryland, like many other states, has an insurance program established by state law that requires employers to have in order to protect their workers.
Do I qualify for workers' compensation benefits?
If you were injured at work and the accident was in the course of your employment, chances are good that you will qualify but there are exceptions. There are many fights over this exact point and much case law has been created litigating this issue. Make sure that you speak to a lawyer before you file a claim to ensure that you do qualify and also to properly protect the issues of your case.
What workers' compensation benefits are provided?
Medical treatment as well as partial income replacement benefits can be provided, if you qualify, until you can return to work or until you reach maximum medical improvement.
How are workers compensation benefits paid for?
All the costs are carried by the employer. You will not have any pay taken out to cover costs or contribute to the system.
When should the accident be reported?
You have a limited time to file and protect your case. Do not hesitate to call us to find out if you have a case.
What should be done about a doctor?
Your employer or the employer's insurer will pay for your doctor visits and treatment, if the injury is considered covered and you are eligible for benefits.
When am I entitled to benefits?
If you miss more than three days from work, you will be eligible for income replacement.
How long will I receive benefits?
You will receive benefits until you are able to return to work or until you have reached maximum medical improvement.
What is maximum medical improvement (MMI)?
This is a term that describes when the doctor determines that your treatment has reached is highest impact and that further treatment would not be effective.
What if I can't return to work because of my injury?
If you cannot return to your previous job or some other comparable job for which you are qualified, you may qualify for training and vocational rehabilitation.
Do I have to have a lawyer?
Certainly not, but if you choose to represent yourself, you will be up against a lawyer hired by the employer/insurer and chances are this lawyer does nothing but workers' compensation work. The Maryland Workers' Compensation Commission will not assist you or represent you.
Who pays the attorney?
The attorneys' fees are set by law and will be paid by the insurance company that pays out the benefits. You should not pay anyone for this service. If you do not get a recovery, you owe nothing.