Andrews, Bongar, Starkey & Clagett: Southern Maryland Attorneys

What You Need To Know About Worker’s Compensation

If you have been injured on the job in Maryland, you are probably entitled to receive benefits under the Workers Compensation system. Benefits such as paying your medical bills and getting paid while you cannot work make the workers’ comp system valuable to the injured worker. But you have to take the right actions, and jump through the right hoops, to protect your benefits.

Even if you think you are getting what you are due, read on to be sure. You may like and trust your employer, but they are not the one paying you. An insurance company is paying you, and you cannot always trust them to be fair since it is not in their best interest.

This article will explain what workers compensation is, what benefits you are entitled to, and the steps you should follow if you are injured on the job. We hope that you find this information helpful. If you have any questions after reading it, contact us for a free consultation. We cannot cover all the rules, and all the exceptions to the rules, in this article. It pays to have a free consultation with an attorney. Be sure to read “Our Most Important Advice” on the right side of this page.

Why should I always consult an attorney for a workers’ comp case?

We hope you read this article, and we hope it helps you, but the very first thing you need to do after reading it is call an attorney. It’s free! And it’s free by law. Many people think they cannot afford an attorney. But a consultation for a workers’ compensation case is always free, by law! An attorney is not legally allowed to charge you for a consultation because attorney’s fees are strictly regulated by the Workers Compensation Commission. We can only charge you if we win benefits for you, and only then if it is approved by the Workers’ Compensation Commission.

You have absolutely nothing to lose by calling an attorney for a consultation. Our fees are contingent on your recovery at the end of the case. So if you decide to hire the attorney, after the free consultation, he or she usually gets paid a portion (usually 20%) of your permanent disability benefits, which you get at the end of the case. You probably didn’t even know you were entitled to that money. All in all, it makes sense to at least consult an attorney for your workers’ compensation case. At least make sure you know all the benefits you are supposed to get.

back

What is Workers’ Compensation & Who Decides My Case?

Workers’ Compensation is the system which provides benefits to injured workers. It is a state law. The Workers’ Compensation system is administered by the Workers’ Compensation Commission. The Commission is an administrative arm of state government and all claims for workers’ compensation must be filed with it. The decision makers at the Workers’ Compensation Commission are the Commissioners, who are specially trained in the law and act as the Judges in any dispute involving the Workers’ Compensation system. So if the insurance company doesn’t agree to pay you, or allow you to get medical treatment, you can have a hearing before the Commissioner, who will decide the case for you. These hearings are similar to a Court trial, but less formal. Do not try to handle a hearing on your own. Get an attorney for that.

back

Do I Have to Sue My Boss?

Don’t worry - you aren’t suing anybody. Filing a workers’ comp claim is more like filing an insurance claim. It is the same as filing a claim with your car insurance. State law forces every employer to have workers’ compensation insurance. This insurance covers you if you are injured. By seeking benefits through workers compensation, you are just filing a claim against the insurance company! Any dispute you have is usually with the insurance company, not your boss. In fact, the law says you cannot sue your boss in civil court, even if he or she caused your accident. You must go through workers’ comp. (Of course, there are exceptions to this rule and times you can sue your boss, but they are rare. Exceptions like this are what makes it important to have that free consultation.) Please note that you can sue someone else if they caused your accident while you were working. See a lawyer for more details if this happened to you.

back

What Injuries are Covered by Workers’ Compensation?

Not every injury on the job is covered by Workers’ Compensation. However, most on the job injuries will be covered. Keep in mind this is a general explanation. Every factual situation is different and we cannot possibly list all the facts that may be relevant to your case. Do not decide on your own that your particular case does not fit in the system. If you have any questions about your particular case, you should call for a free consultation.

Most common covered injuries are “accidental injuries”. This covers most accidents, but there are some exceptions. Only an attorney who regularly handles Workers’ Compensation cases can truly tell you if your case is covered. Another large category of Workers’ Compensation cases is “Occupational Diseases ”. Occupational diseases occur when there is no accident or sudden event giving rise to your injury, but rather the injury comes from some slow exposure to a hazard that you are exposed to on the job. Carpal tunnel syndrome is a good example of an occupational disease. Again, certain occupational diseases are covered and some are not, depending on the rules and exceptions to the rules governing those cases. We know we are repeating ourselves, but please call an attorney for a free consultation to find out if your case is covered.

back

What Benefits Can I Receive if I Have a Workers’ Compensation Claim?

There are three benefits to which all Workers’ Compensation claimants are entitled. Everyone knows about the first two, but almost nobody knows about the third. And there is a possible fourth benefit if you have specific needs. If you have a case and do not have an attorney, make sure you are receiving each of the following benefits from the insurance company. If you are not, you should seek the advice of an attorney immediately.

Medical Coverage: The most valuable benefit you have is coverage for all medical treatment resulting from the injury. You are entitled to the best medical care you can get and the insurance company must pay for it. You can choose your own treating doctor. You do not have to use the doctor they tell you to use. The doctor must bill the workers’ compensation insurance company directly. You should never have to pay yourself. This medical coverage lasts for life if necessary.

Lost Wages: The insurance company must cover part of your lost wages if you cannot work because of your on the job injury. This benefit is called temporary total disability (often referred to as “TT”). The insurance company has to pay two‑thirds of your average wages for the time you are unable to return to work as a result of your injury. That is not taxable so it is not as bad as it sounds at first. They must pay you as long as a doctor says you should not be working. If your doctor believes you should not be working, he or she should give you a disability slip. You should give copies of your disability slips to your employer and the insurance company so that you will both be excused from work and paid your temporary total disability benefits. Keep the original yourself. Please note that your average wages are calculated by gross wages (pre-tax), not the net pay that you take home after taxes.

Permanent Partial Disability: The third benefit to which most injured workers are entitled is permanent partial disability benefits. This is the one few people know about unless an attorney tells them. Once you have reached maximum medical improvement (when you are as recovered as possible from your injury), you can file for and receive these permanency benefits.

Permanent partial disability payments are usually the most money you will receive on your claim. These payments are based on the percentage of disability you have, as calculated by a doctor (usually not your treating doctor). The law sets out a rather complex formula based on this rating and your average weekly wage. The end result is a certain amount of money, which is paid directly to you to compensate you for your injury, and your lack of future employability because of your injury. Even if you think you are fine after you recover, you will likely be entitled to some amount of money for your case. You should ask an attorney before deciding this yourself.

Receiving permanent partial disability benefits is where an attorney can really help you. It involves a complex formula and requires you to be rated by an independent doctor. Your attorney can set this up. And your attorney will help you counter the insurance company’s attempts to make this payment as low as possible. If you try to do this on your own, you will never get as much as you should. After you receive your rating, there are many creative ways your case can be settled. Settlement is tricky however. We would never recommend anyone settle their Workers’ Compensation case without talking to an attorney. It can be disastrous if not done correctly.

Vocational Rehabilitation: If your doctor feels that you cannot return to your old job because of your injury, you may be entitled to vocational rehabilitation. If so, the insurance company will provide you with a job counselor, who will assist you in finding a job that you can do with your injury. The help of a trained expert such as this can be very valuable in helping you find work. The insurance company must also pay you temporary total disability benefits during the time you are on vocational rehabilitation.

Other Benefits: Other benefits may apply in certain situations. If you have a question about whether or not a benefit is provided in your case, please call an attorney to find out – for free.

back

What Steps Should I Take to Get Worker’s Compensation Benefits?

1. Call an attorney for a free consultation: Call an attorney who handles workers’ compensation cases. All consultations regarding workers’ compensation accidents are free. The attorney only gets paid if you decide to hire them and they win your case for you. Therefore, you have nothing to lose in at least making a phone call to an attorney so that a professional can guide you through the initial steps of your claim. There is no reason to do this on your own.
2. Report your injury: You must report your injury to your employer as soon as possible. If you are hurt, no matter how small the incident, you should notify your supervisor immediately. Failure to give notice to your employer can potentially bar your Workers’ Compensation claim.
3. See your doctor: Do not delay medical treatment. Safeguarding your health is the most important aspect of a Workers’ Compensation claim. The money and your legal case are secondary considerations. Also, insurance companies may not look favorably on your claim if you delay in seeking medical treatment. The insurance company will assume that a truly injured person would seek medical care promptly. They may look on your claim with suspicion if there is a gap between the time you claim you were injured and the time you actually seek medical care.
4. Be careful what you say: Be very careful when talking to your boss or an insurance company prior to seeing an attorney. You should probably see an attorney before you give any formal statement to an insurance company regarding your accident. Insurance companies often try to tape record a statement from you over the phone. Don’t do this without seeking an attorney’s advice. You may say something in a very innocent manner which may be construed against you later. When in doubt, call an attorney. Remember, it is a free consultation.
5. File a claim form with the Workers’ Compensation Commission: You must file an official claim form with the Workers’ Compensation Commission in Baltimore. This is different from filing a claim with your employer or the insurance company. If you do not have this official claim on file, your claim could be barred. If you have a dispute with the insurance company, your ability to request a hearing may be delayed.
   
   Many clients come to us after having a work related injury which the insurance company is (at least in the beginning) covering. They are being paid for the time they are off work and their medical bills are being paid. They have filed a claim with the insurance company, but not with the Workers’ Compensation Commission in Baltimore. This is not sufficient to protect your legal rights. You must file this claim within two years from the date of accident or disablement.
   
   If you need a claim form, you can call us to request one. We will be happy to mail one to you, free of charge. Or, you can write the Maryland Workers’ Compensation Commission at 10 East Baltimore Street, Baltimore, Maryland 21201, or visit them online at www.wcc.state.md.us.
6. Make sure you are receiving your benefits from the insurance company: Read the first section of this article and make sure they are covering your medical bills and paying you for lost wages. After your doctor releases you, make sure you receive permanent disability benefits (and get an attorney for this if for nothing else). Know when to ask for benefits such as vocational rehabilitation. If you have any problems with the insurance company or questions about your benefits, call an attorney.
7. Get well soon and get back to work: Of course everyone wants you to get well soon, but I’m not just saying this to be nice. Workers’ compensation is a money losing game. You will never get as much money on workers’ comp as you will if you are healthy and working full time. Workers Compensation benefits are designed to help you scrape by when you don’t have anything else. Your primary goal should be to recover quickly and get back to work as soon as possible.

back

How Can a Lawyer Help Me With My Workers’ Compensation Claim?

Workers’ compensation can be complicated. Don’t try to do it on your own. Most lawyers do not handle these cases because they are time consuming and involve a whole new set of rules and regulations. If most lawyers won’t even handle them, you should think twice before trying to handle your own. You have to see a lawyer who knows what they are doing.

First, an attorney can tell you whether or not your accident is covered. An attorney who knows workers’ compensation will know all the rules and exceptions to the rules.

Secondly, an attorney can assist you with the process of filing for and obtaining Workers’ Compensation benefits. If you do not file within 2 years of the date of accident, you may be forever barred from raising your claim. And if you don’t file one promptly, your rights can be delayed. You do not want to mess it up. As you have probably guessed from reading this article, Workers’ Compensation is an administrative process requiring you to file a lot of forms and fit within a lot of rules and guidelines. An attorney has all of these forms and knows the rules and guidelines. An attorney who knows Workers’ Compensation law will make sure your case is not harmed because of your failure to follow some purely administrative process.

An attorney can also make sure that you receive the benefits you deserve under the law. Someone who knows Workers’ Compensation law will know the benefits to which you are entitled and will know how to maximize them. Few of our workers’ comp clients have a smooth, trouble free claim. The insurance company will not always give you what you need. A small glitch for them can mean a missed mortgage payment for you because you rely on those benefits while out of work. If this ever happens to you, seek an attorney’s advice immediately.

Remember, you do not have to pay any money up front to hire an attorney. The attorney is usually paid on a contingent basis out of your permanent disability benefits at the end of your case. The amount an attorney can collect from your case is regulated by Maryland law. All workers’ comp attorneys get paid the same amount according to what the law allows. It is a contingent fee, which means a percentage of your permanent disability benefits at the end of the case. You do not pay any money up front. We feel very confident that an attorney pays for themselves in a workers’ compensation case. You will almost never receive as much in permanent disability benefits if you do not have an attorney.

Since consultations regarding workers’ compensation are free, and since you are not obligated to pay the attorney out of your pocket at the beginning of your case, you really have very little to lose in at least seeking the opinion of an attorney about your case. We strongly urge anyone involved in a work related accident to contact an attorney, whether it is us or another attorney who handles these cases.

You may call us any time. You may also e‑mail us with any questions you may have regarding an on the job injury. We will answer your questions without charge or obligation.

We hope you have found this article informative. Whether you decide to retain our services or the services of someone else, we wish you a speedy recovery from your injury.

back

Sign up for our free newsletter

More legal info & tips to keep you safe.
For examples of past issues, click here.

 

Sign up for our free newsletter

More legal info & tips to keep you safe.
For examples of past issues, click here.