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Maryland Workers' Compensation Attorneys > Blog > Workers' Compensation > Exceptions To Maryland Workers’ Compensation

Exceptions To Maryland Workers’ Compensation


Maryland state law requires employers to carry workers’ compensation insurance coverage for all of their employees. Workers’ compensation is essentially a contract between employees and employers, that employees will not sue their employer if they are injured on the job, and, in exchange, the employer will provide medical treatment and paid time off while the employee recovers. In theory, this is meant to streamline the process by ensuring that employees are given the treatment and resources they need to recover and get back to work, and that employers are not bogged down by lawsuits. However, this is not always how it functions in reality.

Challenges with Maryland Workers’ Compensation

Employers are often not motivated to assist employees in filing successful workers’ compensation claims. In fact, employers generally have a vested interest in keeping workers’ compensation claims from moving forward. Employers face increased costs and insurance premiums when a workers’ compensation claim is successfully filed. For this reason, many employers foster a toxic environment that can feel very oppressive and actively discourage employees from filing claims. This can also translate to peer pressure from other co-workers.

Another issue is that it often reinforces an imbalance of power between employees and employers. This problem is further exacerbated by the fact that workers’ compensation removes an employees’ right to sue their employer in most cases. That means that employees are often left trying to navigate a system that is rigged against them without the support of their employer. For this reason, hiring an experienced Maryland Workers’ Compensation Attorney can really help to level the playing field and ensure that an employees’ rights are protected as they navigate the workers’ compensation process.

Exceptions to Workers’ Compensation

There are some situations where an employee can still sue their employer. For one, if your employer did not possess the required workers’ compensation insurance, you are able to bypass the workers’ compensation insurance process completely. Additionally, and significantly, if your employer intentionally caused your injury, Maryland law provides an exception that allows you to sue. If your employer has willfully or intentionally created a hazardous or dangerous environment that caused your injuries, a lawyer can help you bring a lawsuit to recover for your injuries. Workers’ compensation insurance is not meant to be a blanket to cover up employer wrongdoing, so it’s important that employers are still able to be held accountable for their bad actions.

Speak to a Maryland Workers’ Compensation Attorney

If you have suffered a workplace injury, the experienced Maryland workers’ compensation attorneys at Berman | Sobin | Gross LLP are here to help. An attorney can assess the unique circumstances of your case and determine the best path forward. Whether it’s helping you to navigate the workers’ compensation process as a zealous advocate, or bringing a personal injury lawsuit against your employer, retaining an attorney will ensure that you don’t have to navigate this process alone. Schedule a free consultation today to find out how.



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