Are There Certain Categories of Workers Who Aren’t Eligible for Workers Compensation?

If you are hurt at work in Maryland, you should be entitled to workers compensation benefits. It depends on several factors. First, you must be eligible for workers compensation. Second, you must meet the requirements for benefits. Finally, you must have suffered a significant work-related injury. If you happen to fall into a category of workers that aren’t eligible for workers compensation, contact one of our Annapolis workers comp attorneys. They can help find a loophole to see if they can get you benefits. If this isn’t possible, we can file a lawsuit against your employer. This is a last resort and our Annapolis workers’ compensation lawyers try to avoid it at all possible. At the same time, we do whatever we can to get our clients the compensation they deserve.

If you are worried that you aren’t eligible for workers comp benefits in Maryland, contact our office. We offer all new clients a free, initial consultation. Come in and sit down with one of our seasoned Annapolis workers comp attorneys and find out if you have a case.

Most Workers in the State of Maryland Are Entitled to Workers Compensation Benefits

For the most part, all workers in Maryland are eligible for workers compensation benefits. As long as you meet the basic requirements for benefits, there’s no reason why your claim should be denied. However, there are several categories of workers who aren’t eligible for workers compensation. Some of these categories include the following:

  • Domestic servants – If you work as a maid, nanny, or other household employee, you will not be entitled to workers compensation. Not only are people who hold these positions ineligible to file a workers compensation claim. Your employer probably meets the exemption for workers comp as well. If a company has at least one employee, they are required to carry workers compensation insurance. The problem could be that your employer is not reporting you as an employee at all. If you are paid in cash, this is most likely the case. Pushing the issue could bring you more bad than good.
  • Railroad Workers – If you work for a railroad, then you are not eligible for workers compensation in Maryland. This is because the railroads have their own program to take care of injured workers.
  • Federal Employees – If you work for the government in any capacity, you cannot file for workers’ compensation benefits in Annapolis, Maryland. The government, like the railroads, has their own benefits program for injured employees.
  • Agricultural Workers – If you happen to work on a farm or any other agricultural company, you aren’t eligible for workers comp. There are no special programs available to you. This means your Annapolis workers comp attorney may have no choice but to file a lawsuit against your employer.
  • Independent Contractors and Consultants – These workers are not considered employees from a legal standpoint. You are on your own as far as a workplace injury is concerned. However, your Annapolis workers’ compensation lawyer can file legal action on your behalf.
  • Temporary, Casual, and Seasonal Workers – Obviously, if you are under a short-term contract with a company through a placement service, you aren’t able to file for workers comp. The same is true for people who are hired strictly as seasonal employees.

workers compensation

Your Annapolis Workers Comp Attorney Can Always Review Your Employment Paperwork

If you believe that your company has miscategorized you in order to deny your workers comp benefits, contact one of our Annapolis workers compensation lawyers. We can always review whatever paperwork you received when you were hired to see if there is a contract there. Even if there is no paperwork specifying that you are, in fact, an employee, that doesn’t mean you have no options. Your Annapolis workers comp attorney may be able to prove that you are a de facto employee based on the level of control you have in comparison to your employer.

Most independent contractors and consultants have control over their own hours, work duties, and supplies. For example, if you are an actual independent contractor, you don’t answer to anybody when it comes to your schedule. At the same time, you have to purchase your own supplies and equipment. On the other hand, if the company you work for treats you like every other employee, then you may be entitled to workers compensation benefits. Your Annapolis workers compensation lawyer will have to look closely at your work situation in order to know for sure.

Your Annapolis Workers Compensation Lawyer Can Also File Legal Action if Need Be

While it isn’t ideal, your Annapolis workers’ compensation lawyer can file a lawsuit on your behalf. If you’re lucky, this won’t be necessary. Your employer and their insurance carrier should pay your claim. However, if you happen to fall into one of the categories of workers discussed here, you’ll need to find another solution. The law regarding entitlements to workers compensation benefits are the same across the states. It doesn’t matter whether you live in Maryland or another state, you still won’t be eligible for workers compensation. We suggest you call and speak with one of our Annapolis workers comp attorneys sooner rather than later. They can try to help you find some avenue to pursue benefits. It depends on the kind of position you hold and the severity of your injury. It also depends on how you were injured.

Since we offer new clients a free, initial consultation, you have nothing to lose. We don’t charge our clients anything upfront so you will not have to pay our firm until we settle your case. The reason for this is that our Annapolis workers’ compensation lawyers work on a contingency basis. This is why we are careful about which cases we choose to handle. If we don’t feel there is a significant chance of winning your case, we may decide to pass. It all depends on how strong your claim is and what kind of compensation you are entitled to.

Contact our office today so we can schedule your free, initial consultation. We can do so via phone, or you can visit our website.

More Legal Blogs

Common Truck Accident Injuries

Common Truck Accident Injuries

Common Truck Accident Injuries Motor vehicle accidents are always upsetting and stressful. But it’s terrifying when they involve an 80,000-pound commercial truck. The severity and

Read More »
GET YOUR FREE CONSULTATION
Subscribe To Our Newsletter