State of Maryland to be part of the distribution chain for PPE items

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Background/Facts: During a meeting with Winnie and Ralph, the Viral (“Clean”) owners, and you, the owners asked several questions about their potential liability for on-the-job accidents resulting in injuries to employees. They particularly need an explanation about Maryland’s workers’ compensation law.

Winnie and Ralph asked you to respond to the following situation.

Clean secures a contract with the State of Maryland to be part of the distribution chain for PPE items. Negotiations for the contract and conversations about the contract stressed that “speed is of the essence,” especially in the critical transfer points like the warehouses and substations. Clean hired Maryland Helpers, a licensed and insured provider of manual laborers to assist with the movement of PPE items and loading of delivery vehicles at both the warehouse and several distribution centers. On Friday afternoon, one of the Clean supervisors was assisting with the loading of masks and respirators when the strappings on the pallet broke, and several respirators fell. The supervisor, Thomas Benson, suffered several broken bones in his foot that would require surgery and several weeks of physical therapy over approximately eight weeks of absence from work. One of the contract employees, Sarah Carter, severely sprained her ankle to get out of the way. She received several x-rays and stayed overnight at the hospital for observation. The treating physician said Sarah should attend physical therapy for four weeks but should otherwise reframe from walking (including work) for at least two weeks.

1. Analyze whether Thomas can recover his medical expenses under Maryland’s workers’ compensation law.

2. Analyze whether Sarah can recover her medical expenses under Maryland’s workers’ compensation law

Sample Solution

Maryland`s Workers’ Compensation Law provides a way for employees who are injured on the job to receive payment for lost wages and medical expenses related to the injury. Almost every Maryland employer is required to have workers` compensation insurance to pay the cost of employee injury. Under the law, compensation does not rely on anyone being at fault. Therefore, in most cases, injured employees cannot sue employers for damages. Not every accident or illness on the job is eligible for compensation. Employees are eligible for compensation when the injury “arises out of and in the course of employment.” This means that the injury has to: occur because of conditions required by the employer for doing the job and, when the employee is doing the job.

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