The laws of Worker’s Compensation are all codified. That is, they are all encompassed in statutes passed over the years by the Maryland state Legislature. They are found in The Labor and Employment Title of the Maryland Annotated Code. Most of the litigation of Comp claims is done by lawyers who specialize in this practice. In 1902 Maryland was the first state to guarantee benefits to injured employees. Our firm of Parker, Pallett, Slezak and Russell has practiced Comp law for several decades.
It is important that a practitioner understand the vagaries of the law and its court interpretations. A claim must be promptly filed when an employee suffers an on the job accident or incurs an occupational disease. The claim is filed with the WCC and the employer need not be sued in court. It is a no fault procedure but requires understanding of the Comp statute and court precedents. The conscientious lawyer will also insure that the injured claimant get proper and continuing medical treatment.
Our staff ascertains that all bills are promptly submitted to the Comp carrier. If the employer does not provide for sick leave a claim is filed for what is termed temporary total disability. These payments continue until treatment is terminated and the employee returns to work. Then a claim may be filed for permanent partial disability. If the injury and accident are serious, a claim may be filed for permanent total disability. Often a hearing is required to procure the proper benefits.
These are just the basic rudiments of Comp law, but often a veritable minefield of obstacles can arise. . The employer may contest responsibility for a myriad of reasons. The extent of the injury or disability can also be challenged. These situations will trigger the hearing process before the WCC. The situs of the hearings are geographically spread around the state. There are ten Commissioners who are appointed by the Governor, to preside over a pseudo court system. All decisions are court appealable.