Legal Question in Workers Comp in Maryland

I live in Maryland and own a small restaurant here. I had a guy work for me for exactly 8 minutes before cutting his finger. When he got to our local medical facility they called me and asked if I authorized him receiving treatment. I said yes and assumed my workers compensation insurance would pick it up, but also asked the facility to do a drug and alcohol screening on the kid. He came back testing positive for marijuana use. Several months down the road they told me that they were denying the claim because he hadn't worked for me long enough, but that I would not owe anything. The facility called me yesterday saying they were dismayed that the bill had yet to be paid and that since I had authorized treatment I should be responsible for it. I told them that just because I said to treat him did not mean that I was going to foot the bill for it. Do they have any recourse against me, or was I correct in what I said to them?


Asked on 12/11/10, 7:24 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Consult a Maryland workers' comp attorney to discuss the specifics. It is your responsibility to know the triggers of WC coverage. You made an assumption that he was covered and you were wrong. You made an oral contract with the hospital for the services. It is not the hospital's fault that WC refused the claim. If the hospital sues you, you will likely be forced to sue the worker and perhaps the WC insurance company for repayment or indemnity.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/16/10, 12:38 pm


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