Legal Question in Workers Comp in Maryland
Denied Benefits
I have a friend who was injured by a sheet of plywood that fell from the roof of a building under construction. His hard hat fell off just prior to getting hit. When he returned to a standing position after retrieving his hat, the plywood hit him. He was denied benefits because his hard hat was not on his head. He said the wind was high enough to blow his hard hat off. Seems to a reasonable person, no one should even be putting plywood on a roof in those winds. A third party suit may develop from this, however, just getting workman's Compensation so he can eat would be a big help.
In 1992, my left foot was crushed and I had to deal with WC for five years. WC people are the most despicable people I have ever met. They aren't even human as far as I'm concerned.
Thanks -Bob
2 Answers from Attorneys
Re: Denied Benefits
Your friend should be entitled to workers' comp benefits, because even if he was somehow responsible for losing his hard hat, that would not bar his entitlement to benefits. You should encourage him to file a claim with the workers' comp commission and to ask for a hearing. Of course, he will want to retain an attorney who handles comp cases to present his case.
Re: Denied Benefits
If pursued by your friend I believe he will receive worker's comp benefits based on the information you provided. He should, however, have an attorney representing him in this matter as legal fees are very affordable and always on a contingent fee basis.(no recovery - no fee)
Whether a liability claim exists depends on who allowed the plywood to fall and in what jurisdiction this occurred.
Please have him call me because I can certainly reccomend someone to help him if for some reason I cannot help him myself.
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