Maryland Workers’ Compensation Lawyer
All employers with at least one part-time or full-time employee must carry valid workers’ compensation coverage. Employers are responsible for reporting all accidents to their insurance company within a timely manner. Employees are responsible for reporting accidents to their employers and filing the provided claim paperwork.
Maryland has complex workers’ compensation laws, and insurance companies may not always put their beneficiaries’ best interests first. If you suffer an injury or illness while on the job in Maryland, consider reaching out to a qualified workers’ compensation attorney.
An attorney may help you determine eligibility, file a completed claim, and expedite the compensation process. If your employer or insurance provider fails to adhere to state laws regarding employee rights to compensation, an attorney may also play an integral role in holding those parties accountable.
Under a workers’ compensation policy, employees may have access to disability benefits in the form of weekly wages, medical benefits, income reimbursement benefits, and workplace rehabilitation benefits. To successfully secure benefits, employees must comply with all of the required authorization and paperwork requests.
Statistics on Workplace Accidents in Maryland
At the state level, the Maryland Workers’ Compensation Commission handled 23,711 filed claims during 2015. Out of those, the commission only disallowed 584 claims. Some of the top industries for filing workers’ compensation claims include police/security, hospital employees, colleges, and schools. Most disability benefits go to serve those who suffer injuries to the back, shoulders, and knees.
Workplace injuries happen on a daily basis, and many injured workers qualify for workers’ compensation benefits. If you suffer an injury in a workplace accident, explore your ability to pursue a workers’ compensation claim.
Understanding a Workers’ Compensation Claim in Maryland
A workers’ compensation claim is designed to protect workers who are injured on the job, It allows those employees the option to file for compensation and reimbursement for medical expenses and lost wages due to the injury they received at work.
There are two different forms of workers’ compensation that an employee can file for. the first is an occupational claim and the second is an accident claim. It’s important to understand the differences in each of these claims.
An occupational claim describes an illness or injury that occurred because of the nature of the job. In these claims, there was not a specific incident that led to an injury. For example, a person who suffers from a neck injury after lifting heavy cargo for many years could be eligible for occupational workers’ compensation.
An accident claim is what most people probably associate with the term “workers’ compensation.” This type of claim relates to an injury that is the result of an unexpected accident or event. For example, a worker who falls off a ladder while fixing a window on a tall building could be eligible for an accident claim.
What Injuries Will Workers’ Compensation Cover?
The State of Maryland covers some but not all workplace injuries, and oftentimes, it comes down to evaluating the source of the injury. the workers’ compensation law in Maryland states that the “accidental personal injury must arise out of and in the course of employment.”
Simply put, this means that you must be injured while actually be performing tasks that are directly related to the job you were hired to do. For example, if you are a computer programmer and step out to eat your lunch in the company break room where you burn yourself on a toaster oven, you might not be able to claim workers’ compensation for your injuries.
Every case is different, so it’s important to work with an experienced Baltimore workers’ compensation lawyer in order to evaluate the details and determine if you are truly eligible for compensation.
Some of the more common injuries that can happen on the job include:
- An accident at a construction site
- Slip and fall accidents
- Serious burns and other injuries from a fire or explosion
- Injuries caused by outdated or improperly maintained equipment
- Repeat motion accidents (such as injuries from lifting heavy objects)
Injuries Caused by Falling from a High Height
Construction and industrial sites present several hazardous conditions for workers to navigate. Falling from an elevated work site usually results in catastrophic injuries, including traumatic brain damage, spinal cord injuries, and death. Faulty equipment, improperly installed scaffolding, inadequately cleared roofs, and poor training could all lead to disastrous falls. If you sustained severe injuries from a significant fall, you could be facing years of medical expenses, physical therapy, and lost income.
Worker fatalities as a result of falls from elevated work sites are not uncommon. When the fall does not lead to death, the injuries and medical complications sustained could adversely affect a worker for the rest of their lives. Permanent physical disabilities or significant brain damage can ruin the quality of life for the injured individual and their family while the loss of income strains the family’s financial resources. Our experienced Maryland personal injury attorney recognizes the stress and hardships that accompany a catastrophic injury and will aggressively fight for the compensation you deserve.
After sustaining an injury from a fall from an elevated worksite, a Maryland resident will usually file a workers’ compensation claim to cover the cost of medical bills and lost wages. In 1902, Maryland was the first state to pass legislation creating a comprehensive workers’ compensation program.
A significant advantage for injured individuals filing for workers’ compensation is that it is not necessary to prove any wrongdoing, negligence, or fault on the part of any other party. As long as the injury occurred at the worksite and during the course of employment, the claim should be approved. However, the process can be challenging to navigate. Our Maryland attorney will assist you in preparing and filing the proper documentation to ensure your claim is processed and your compensation awarded. If your claim is denied, Rice, Murtha & Psoras will handle your appeal.
Workers’ compensation will provide a lifetime of coverage for medical expenses for an injured worker. However, in many instances, the benefits are not adequate to cover all of the related costs associated with a severe or debilitating injury. Unfortunately, the award for lost wages is capped. Furthermore, workers’ compensation does not award monetary benefits for noneconomic damages such as pain and suffering. Additionally, it generally prohibits a civil lawsuit against the employer to cover the additional expenses and losses. There are some rare circumstances where this prohibition could be overcome. For example, if the injury was the direct result of the deliberate and willful negligent conduct of the employer. We will thoroughly examine the facts of your claim and the nature of your accident to determine if your employer could be held liable for your damages.
Third Party Liability for High Height Fall Injuries Sustained by Maryland Residents
While the prohibition is against bringing a personal injury claim against your employer, it does not prohibit all civil lawsuits. Depending on the nature of your injury and the facts surrounding your accident, other parties might have contributed to the hazardous condition.
Our Maryland lawyers will investigate all of the factors relating to your accident and injury. If another party’s conduct contributed to your harm, we will work to find evidence to hold those other individuals or companies accountable for your injuries.
A wide range of parties could have contributed to the dangerous conditions that lead to your injury. Some of the potential parties we will examine include:
Owners of the Premises
The property owners of construction and industrial sites have a duty to warn visitors and workers of any known dangerous conditions. During actual construction, this duty may not apply as the owner is not in control of the property. However, if there were known unsafe conditions, such as faulty elevator shafts, then the owner could be held liable for any injuries sustained.
Architects and Engineers
Building plans and designs are required to meet specific building codes and engineering standards. If an injury occurs as a result of a preventable code violation or architectural design flaw, such as a miscalculation on the strength of a supporting wall, the architect could be responsible for any damage you suffered.
Part of the duty of a sub or general contractor is to provide a safe working environment. This includes ensuring that workers are adequately trained and provided proper safety equipment. For example, failing to supply workers safety harnesses or improperly training a crane operator could result in catastrophic injures.
All of the safety precautions and training could be rendered meaningless in an instant if a worker employs a defective tool or if there is a design flaw in the construction equipment. Manufacturers have a duty to ensure that their products are fit for the purpose intended. If the scaffolding has a design flaw and is unable to support the weight of a worker or if a ladder has defective rungs, the manufacturer could be held liable for any injuries caused by their products.
When your injury is the direct result of a third party’s negligence you can file a personal injury claim against them. Doing so might allow you to recover significantly more compensation than through a workers’ compensation claim. At Rice, Murtha & Psoras, we are dedicated to helping injured individuals receive the compensation they deserve, either through a workers’ compensation claim or through a civil lawsuit.
What Benefits Are Available Through Workers’ Compensation in Maryland?
Regardless of a minor injury or a long-term physical impairment, workers’ compensation in the state of Maryland acts as a financial protection to help people who were injured at work while performing their job. the benefits you receive will be determined by the scope and severity of your injury. This is typically decided by the amount of time you’ll need to take off from work (and subsequently, miss out on earnings).
Short Term Temporary Benefits
In the case of a minor injury that requires you to miss 14 or more days of work, you can receive Temporary Total Disability benefits while you are recovering.
These benefits are set up to help you get back on your feet during a short period of time. With this type of assistance, you can be eligible to receive compensation for both medical bills and for wages and lost income during your time off work.
In the event that your injury doesn’t take the full 14 days to heal, you might only be compensated for medical expenses. Temporary benefits will cease once you can return to work or when a medical professional determines that they have done all they can to treat your injuries and you are no longer improving.
Workers Compensation Long-term Benefits
When you’re injured, the goal is always to work for a quick and full recovery. Unfortunately, that doesn’t always happen. In the event that you need ongoing medical treatment for an occupational injury, you might be eligible to receive long-term benefits from a workers’ compensation claim. Some examples of treatment that might be covered include:
- Surgery and other medical treatments
- Outpatient therapy
- Monitoring services or an in-home nurse
- Hospital visits and stays
- Prosthetics, wheelchairs, walkers, crutches
- Restorative procedures
Benefits for wage reimbursement is another aspect of a long-term workers’ compensation claim. If you are unable to work for an extended period of time, you should not have to suffer financially. A Baltimore workers’ compensation lawyer can help you file for long-term disability and wage reimbursement. This would help you receive the same wages you were earning before the accident.
Our Maryland Workers’ Compensation Lawyers Can Help
When you’re injured in an accident at work, the process of filing a workers’ compensation claim might be the last thing on your mind. As time progresses, you will want to know that your medical bills and lost wages are covered while you are unable to work.
Filing a claim can be a difficult process, and it’s important to go through the steps correctly. the attorneys at Rice, Murtha & Psoras have extensive experience working with people who have been injured on the job.
We will help you get the compensation you deserve and will take the stress out of the process so you can focus on recovering. Call us today at (410) 694-7291 or contact us online.