We Marylanders are lucky to have a number of big urban centres within easy driving distance of one another. Due to the special character and proximity of the District of Columbia, many people who live in Maryland commute to work in either Washington, DC or Virginia, while many people who work for businesses based in Maryland live in either Washington, DC or Virginia. As a result, an injured worker may be entitled to choose the jurisdiction in which to make a workers’ compensation claim if two or more jurisdictions’ laws apply to the circumstances surrounding their injury. Lawyers advising clients on the best jurisdiction for making a claim must be aware of the substantial disparities across Maryland, the District of Columbia, and Virginia’s workers’ compensation systems, despite the close proximity of these three states. Discuss your case with a seasoned Richmond workers compensation lawyer.
Legal Authority and Waiver of Claims
We, as workers compensation lawyer atlanta ga, are obligated to advise our clients and prospective clients on the optimal course of action in any given situation. Before deciding where to submit a workers’ compensation claim, it’s important to weigh the pros and cons of each jurisdiction. The jurisdictional foundations under Maryland, DC, and Virginia law must form the basis for this investigation. Workers’ compensation laws varied from one jurisdiction to the next because they were drafted separately throughout the course of the last century. Keep in mind that if a claim is filed in one jurisdiction, it may be permanently barred from being filed in another.
Jurisdictional Factors
An injured worker in Maryland is protected by the state’s Workers’ Compensation Act if the injury occurs within Maryland’s borders, if it occurs outside Maryland on a casual or occasional basis while the worker is regularly employed in Maryland, or if it occurs outside the United States while the contract for hire was made in Maryland for work to be performed wholly outside the United States.
Limitations on Bringing a Claim
Only DC law prohibits filing a claim in DC when a worker has already done so in another jurisdiction and won compensation for the same injury. No employee shall at any time receive compensation under the workers’ compensation legislation of any other state for the same injury or death, as stated in the District of Columbia Workers’ Compensation Act.