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Posted On 12.12.12 by in Blog
Workers’ Compensation benefits, in general, are available for employees who were accidentally injured while in the course of their employment. A threshold issue is whether the injured worker qualifies under Maryland law as an employee. The initial presumption (which can be contested by the employer) is that a worker in the service of an employer is covered.
Usually there is a clear-cut answer. In some cases, however, our workers’ compensation attorneys must investigate the nature of the work and the work relationship with the employer to determine if a hurt worker is entitled to compensation.
Factors Supporting An Employer-Employee Relationship
The Workers’ Compensation Commission and the courts consider a number of factors in deciding whether a worker qualifies as an employee. No one factor is absolute proof, but they are all considered together.
If the worker is not an employee, he may be an independent contractor which is someone who agrees to perform work free from the control of the employer, except as to the final result. Whether the worker fills out a form from the employer stating that he is an independent contractor is not conclusive proof, particularly if the factors support an employer-employee relationship.
If you have questions about whether you are an employee or an independent contractor, and whether you qualify for benefits under Maryland workers’ compensation law, contact our lawyers at 1-800-776-4529, or send us some information about your comp claim through our online portal. We’ll answer all of your questions.
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