Not All Injuries Are Covered by Workers Comp Even if You’re Injured on the Job

You often hear, "if you're injured on the job, you're entitled to compensation." That statement is mostly true, but sometimes is not exactly how workers' compensation law works. the Maryland workers' compensation law carries certain exclusions that the insurance companies often attempt to exploit to deny benefits to injured workers.

On of the most commonly cited exclusions is the "independent contractor exception." This exception holds that true independent contractors who are simply performing a contracted service are NOT covered by the general contractor's workers' compensation insurance because they are NOT employees. Sometimes, however, the employer will try to characterize an actual employee as a subcontractor in order to avoid compensating them for injuries on the job.

The distinction between an independent contractor and subcontractor involves many factors. These include: how much of the claimant's total work is done just for that employer, how much control the claimant has over the methods of the work, the payment structure, and whether the work is part of the employer's regular business or something foreign to them.

As you can see, the law for workers' compensation cases can be quite confusing. That's why it is very important to contact an experienced attorney who can talk you through the process and explain everything to you. An experienced attorney may even be able to obtain benefits for your even if you've been denied as an "independent contractor."

Call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.