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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I received a pretty big chemical burn while working full

Customer Question

I received a pretty big chemical burn while working full time under the table. I am no longer able to work at the moment. My boss has not offered to help pay for medical bills or time that I am going to miss while being hurt. Is there anything I can do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

I would consider filing a claim for worker's compensation with the Maryland Worker's Compensation Commission. Every employer in Maryland with at least one employee is required to carry such insurance, which if you are found to have a work related injury, will pay your medical bills and a portion of your lost income.

Granted, you were "not on the books", so it may be a little more difficult to establish that you were working for this employer; however, the argument can certainly be made that you were an employee regardless of whether you were paid in cash or not. You worked under the direction of the employer. You were paid as an employee. And you were injured in the course and scope of your employment of the employer.

As noted on the Commission's website:

If you believe you have suffered a compensable injury, you may file a claim with the Workers’ Compensation Commission by filling out an Employee Claim Form and then mailing it to the Commission. If your employer does not have one of these claim forms the Commission will send you one and all of the necessary information you may need. Forms are provided without charge.
You can also submit your claim form online; print, sign and mail the form to the Commission.

The link to the Commission's website is here:
http://www.wcc.state.md.us/gen_info/faq_employees.html#q6

If you have difficulty establishing you are an employee, and are initially denied worker's compensation, you may wish to consult with a worker's compensation lawyer. If you hire a lawyer the Commission will fix the attorney’s fees. If an award is made to you, the fee will be deducted from your awards and paid separately by the employer or insurance company to the attorney. Thus, you pay nothing up front.

If you cannot prove ultimately that you were an employee, you may still be able to sue for the company' s negligence, so long as you can show that they were the ones responsible for your injuries.

I wish you a speedy recovery, and I hope this information was helpful. If you need clarification or additional information, please REPLY and I'll be happy to assist you further.

Expert:  RobertJDFL replied 1 year ago.
Did you have any follow-up questions for me regarding this matter? If so, please reply and let me know. Otherwise, kindly remember to leave me a positive rating, as that is the only way experts on this site are compensated for their time, even though you may have left a deposit. Thank you.