In a recent decision, the Maryland Court of Special Appeals announced that a principal contractor must pay workers’ compensation to a subcontractor hired to do the principal contractor’s work, even if the subcontractor is out of state.
The BLR Human Resource Network reports in the case, the injured worker was an employee of a Delaware subcontractor. In 2005, a Maryland contracting company, which builds pole barns and similar structures, subcontracted with the injured worker’s employer to build a pole barn in Maryland. A few weeks into the job, the worker fell and was injured, and was unable to finish his work on the project. He filed a workers’ compensation claim in Delaware, but could not receive payments because his employer lacked workers’ compensation insurance. The injured worker then filed a claim for Maryland workers’ compensation insurance. The Maryland contractor and its workers’ compensation insurer fought the claim, stating that it did not have to cover the injured worker because he was employed by the Delaware subcontractor, not the Maryland company itself.
The Court of Special Appeals disagreed. Instead, the court said, the Maryland contractor was the worker’s statutory employer for the duration of the project. As such, the contractor was responsible for paying workers’ compensation for the injuries and lost work time the injured worker suffered.
Although Maryland law provides for workers’ compensation for those injured on the job, getting the payments you are legally owed is not always simple. If you have been injured while at work, experienced Maryland workers’ compensation lawyer Steven H. Heisler, “The Injury Lawyer,” may be able to help. To schedule a free and confidential consultation, call 877-228-4878 today.
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