A man in another state recently suffered injuries while working at a construction site. The accident occurred on a Monday afternoon. Fortunately, workers in Maryland and elsewhere may be able to take advantage of workers’ compensation to help them to address their injuries quickly and efficiently.

In the recent out-of-state case, a man was apparently doing sewer project work associated with a subdivision that was in the process of being built. However, while he was inside a deep excavation hole, a cylinder made from cement collapsed onto him. The cylinder fell after reportedly shifting somehow.

Do you spend any of your workday on a ladder, a scaffold or on some other surface that puts you several feet off the ground? If so, you more than likely already know that a fall is a significant hazard for you. A fall can cause any number of serious injuries that can change the course of your life, and when that fall happens at work, you may be entitled to Maryland workers’ compensation benefits.

Any injury to your pride after a fall is nowhere near as important as any physical injuries you may have suffered. Broken bones, neck and back injuries and hitting your head could all have substantial effects on your life. Even if doctors say you merely strained or sprained something in the fall, you could still find yourself in a lot of pain, out of work for a while and wondering how you will pay your bills.

When workplace injuries are mentioned, many people think of construction workers falling off scaffolds, industrial workers suffering electric shocks or warehouse workers involved in forklift accidents. Office workers and employees in the technology industry are not typically included in discussions about occupational hazards. However, the Maryland workers’ compensation program reports many claims filed by computer operators for repetitive stress injuries such as carpal tunnel syndrome.

Many of the on-the-job accidents that happen here in Maryland cause injuries from which an employee will more than likely recover. However, you may be one of the individuals who suffers such a severe injury that a full recovery is not possible. In that case, you may be wondering what type of workers’ compensation benefits you can receive to help with your financial situation since you may never be able to return to work, or at the very least, you may not be able to return to the work you did prior to the accident.

Over the last six months, our blog has dedicated a series of posts to examining how those employees who suffer an “accidental personal injury arising out of and in the course of employment” are entitled to benefits under the Maryland Workers’ Compensation Act.

Specifically, we’ve been spent time exploring temporary partial disability benefits, temporary total disability benefits and permanent partial disability benefits. We’ll conclude this discussion in today’s post by taking a closer look at permanent total disability benefits.

There is no question that firefighting ranks as one of the single most dangerous occupations that a person can have. Indeed, this danger comes from the fact that firefighters are not only at a near-constant risk of suffering serious burn injuries or bodily harm while tending to fires and accidents, but also constantly exposed to dangerous chemicals and toxic fumes — many of which are carcinogenic.

In recognition of this latter reality, Maryland, along with the majority of the states, has long provided firefighters diagnosed with certain types of cancer with special legal presumptions when it comes to workers’ compensation benefits.

INJURED DURING A WORK BREAK? WHAT IF YOU WORK REMOTELY? 

Workers’ comp covers you for any work-related accident or injury. But what about injuries while getting coffee or snacks? What about your lunch hour? If you weren’t technically working, can you claim a work injury?

Maryland courts have recognized the “personal comfort doctrine” in workers’ compensation. When you are at work, there is a benefit — to you and the employer — in taking mental breaks, using the restroom and getting refreshments. But there are gray areas and untested scenarios relating to the allowance for personal comfort. Your employer may challenge a work injury claim that stems from a work break.

The Occupational Safety and Health Administration has launched a safety campaign to remind employers in Maryland and around the country about the dangers of working outdoors during the summer months. Heat issues were responsible for the deaths of 18 workers in 2014 according to OSHA data, and more than 2,600 others suffered a heat-related illness of some kind. The federal workplace safety agency is urging employers to pay particular attention to their training and orientation programs, as many of its heat-related investigations involve workers with just a few days of on-the-job experience.

Water, rest and shade is the driving message of the OSHA campaign, which is being supported by a social media push and a redesigned webpage. Training materials include a video and illustrations of the signs and symptoms of heat stroke and heat exhaustion. Employers can also download a heat safety smartphone app.

Employers in Maryland face potentially severe penalties if they run afoul of workplace safety regulations, and checking records for accuracy is often among the first steps taken by OSHA inspectors. Employers hoping to avoid fines or other sanctions must keep track of workplace injuries and illnesses if they are considered recordable under OSHA regulations, but employers are sometimes unclear about the line of demarcation.

Sometimes, OSHA guidelines make it very clear that a workplace injury or illness is recordable. Employers must keep records when workers are killed, forced to take time off work or injured badly enough to be reassigned. Injuries must also be recorded when workers lose consciousness for any period of time or require medical treatment beyond what would be considered first aid. Employers must also keep records when a physician or other medical professional diagnoses a serious injury or condition even if none of these conditions apply.

Maximum medical improvement is an important concept in workers’ compensation cases. Maximum medical improvement (MMI) occurs when an injured employee has reached the maximum benefit that can be obtained from medical care. At that point, a doctor can evaluate any lingering impairment to determine the extent of the permanent injury to the employee’s body.

An injured worker’s recent attempt to change longstanding workers’ compensation laws to allow her to continue to receive temporary total disability benefits after achieving MMI has been rejected by Maryland’s Court of Special Appeals.