The Commission lacks subject matter jurisdiction to decide whether money that was in the hands of an insurer for settlement of a workers’ compensation claim was exempt from garnishment to pay a judgment in a child support action.
Pursuant to regulations adopted by the Workers' Compensation Commission- all requests for referral to the Insurance Fraud Division of the Maryland Insurance Administration pursuant to Section 9-310.2, shall be made on the Commission's Form # H35R entitled 'Request for a Hearing for Referral to Maryland Insurance Fraud Division.'
Theft
Misdemeanors
Employers failing to secure workers ' compensation insurance as required by law shall be subject to a fine of not more than $10,000. If the employer is a corporation, the officers of the corporation having the responsibility for the general management of the corporation in the State shall be liable for such fine as herein provided. The entire cost of workers' compensation insurance must be borne by the employer. Any employer who deducts any portion of this premium from the wages of his/her employee, entitled to the benefits under this Law, shall be guilty of a misdemeanor.
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Employment Contract
When a claimant is a covered employee under Md. Code Ann., Lab. & Emp. 9-203, Maryland has jurisdiction over the individual's workers' compensation claim and a forum selection clause in the employment contract, requiring him to file his workers' compensation claim in Virginia, contravened Maryland's public policy - compensation may not be denied because of the degree of risk associated with the employment.
Not all injuries are covered by the Workers' Compensation Law even if the injury happened "on the job." In Maryland, in order for an injury to be covered, the harm suffered by the employee must have been caused by an "accidental personal injury arising out of and in the course of employment." Those words from the Maryland statute are VERY important. Just because a person is hurt "while working," "on the job" or "at work" may not be enough for the insurance to apply. Additionally, if you can prove that you have an occupational disease you may be entitled to Workers' Compensation benefits.
Social Security Disability
Benefits paid for permanent total disability are subject to an annual cost of living adjustment not to exceed 5% as determined by the Department of Labor, Licensing and Regulation. These benefits are reduced in the case of workers who are also entitled to Federal Social Security Disability Benefits to the extent necessary to avoid a diminution of the Federal benefits.
Slip and Fall Injury
For a compensable accidental injury claim, the injury must "arise out of the employment". If the conditions under which the work is required to be performed by the employer causes the worker's injury, it is said to "arise out of" the employment. The focus of this factor is on the exposure of the employee to risk or danger because of the job requirements. For example, if a person must work in an environment that is usually wet and slippery--for instance, a car wash facility or a water amusement ride at an entertainment park--then a slip-and-fall injury experienced by that worker could be said to arise out of the person's employment.