Has a workplace injury disabled you and prevented you from providing for your family? Have you developed an occupational disease that’s ruined your health and cost you thousands of dollars in medical treatments?
If either of these questions applies to your situation, you need to recover the most money possible from a workers’ compensation claim. Workers’ comp benefits are designed to reimburse employees who suffer an injury or illness from their work. These benefits compensate injured workers for their medical bills and 2/3rds of their lost wages.
Tragically, countless injured employees in Maryland struggle to recover the full compensation they deserve from workplace accidents and hazardous conditions. If you suffered from a workplace injury or illness, you need to contact an experienced workers’ compensation attorney to ensure you receive full benefits.
Maryland Workers’ Compensation Attorney
The workers’ compensation attorneys at Zirkin & Schmerling Law have spent years defending the rights of many injured workers. Our team will hold your employer and their insurance financially accountable for your workplace injuries or occupational illnesses. We’ll fight on your behalf to make sure your employer’s insurer pays your full workers’ comp claim.
How Our Law Firm Helps Injured Workers
The attorneys at Zirkin & Schmerling are experts in Maryland workers’ compensation law, and we’ll use our extensive knowledge and experience to assist you with your worker’s comp case.
We’ll help you with every step of the process to guarantee you’re treated fairly and receive benefits for your workplace accident.
We can help you with your claim by:
- Investigating the incident or conditions that caused your injury or illness
- Gathering evidence that proves your work caused your condition
- Compiling pertinent medical records
- Guiding you through the claims process
- Helping you appeal your claim if necessary
Do I Need a Maryland Workers’ Compensation Attorney?
You technically don’t need to hire legal counsel to file a workers’ compensation claim, but a workers’ comp lawyer will protect your rights if your claim is denied or undervalued.
The reason why many injury victims don’t receive their rightful benefits is because of uncaring employers and insurance companies. Your employer’s insurance company is a for-profit business that ultimately wants to increase its bottom line. The insurer may attempt to save money by acting as if your injury isn’t as serious as you claim. They may even try to make the case that you’re ineligible for injury and disability compensation.
Your attorney will fight for your claim if you face workers’ compensation denial or the insurer underestimates your injuries. Your legal advocate will negotiate with the insurance company on your behalf so that you receive the most money possible for your accidental injury or occupational disease.
Can I Also File a Personal Injury Claim?
Maryland workers’ compensation laws protect employers from lawsuits. An employee injured on the job can only seek compensation through the employer’s insurance company. The injured worker cannot also file a personal injury claim against the business except in rare cases.
That said, an injured employee may be able to file a personal injury claim or lawsuit against another party. Suppose an intoxicated employee accidentally knocks over a ladder, striking another worker. The injured worker could recover workers’ compensation benefits, and they can sue the negligent employee who caused their injuries.
If a negligent third party caused you injury, it’s best to get in touch with a personal injury attorney. They’ll help you identify all parties who may be liable, and they’ll seek to maximize your compensation.
Here at Zirkin & Schmerling Law, we have many years of experience handling personal injury claims and workers’ compensation claims, and we can assist you with both personal injury and workers’ compensation cases.
Contact us today if you’re interested in learning more about how Zirkin & Schmerling Law can help you with your injury. You can schedule a free consultation with a Maryland Workers’ Compensation attorney here or by calling 410-753-4611.
What Kinds of Injuries Does Workers’ Compensation Cover?
The Maryland Workers’ Compensation Commission stated that worker’s comp benefits cover accidental personal injury and occupational diseases. For a worker to qualify for workers’ compensation, they must have sustained an “accidental personal injury arising out of and in the course of employment.”
If you suffered from an accident while performing work tasks, your resulting affliction should be considered a payable injury. For instance, suppose you fall from a ladder re-stocking a shelf. You should qualify for compensation.
You’ll also be entitled to compensation if your injury occurs due to the nature of your work. For example, you should be able to recover workers’ compensation if you develop carpal tunnel syndrome from an office job. There wasn’t a single accident that caused your affliction, but you still developed your medical condition as a direct result of your work.
An employee may also suffer an injury or develop an occupational disease from their work environment. Picture a factory worker who’s exposed to chemicals daily. They could develop lung disease or another illness from their work environment. The workers shouldn’t have to pay for their own treatment, as their place of work directly caused their illness, and should carry workers’ compensation insurance.
Do I Need to Prove That My Employer Was Negligent?
You do NOT need to prove that your employer was negligent to have a workers’ compensation case. No one needs to have been at fault for your injury or disease. Additionally, injured employees can still qualify for benefits even if they were at fault for their accident, but some exceptions will disqualify some employees injured.
While you do not need to prove negligence, you will need to have evidence that your work directly caused your injury or illness. You will need to prove that you sustained your injury or developed your condition because of your work.
It’s critical to have plenty of evidence, including an accident report by police officers, corroborating your claim because your employer’s insurer may argue that your work didn’t trigger your injury or illness.
Here are some tips for demonstrating a causal link between your work and your injury or illness:
- Receive medical treatment as soon as possible
- Alert your employer immediately
- Contact a workers’ compensation attorney who can help you file a claim and gather evidence
- File a claim with the Maryland Workers’ Compensation Commission
Can an Injured Worker Choose Their Own Doctor?
As you begin treatment, you may wonder whether you have the option to choose your medical team. Maryland law states that you do have the right to pick your workers’ compensation doctor. It’s probably better for you to choose your own rather than receive treatment from your employer’s official workers’ compensation doctor.
One common tactic that insurance companies use to devalue and reject claims is by referring injured workers to workers’ compensation doctors. These doctors often have an incentive to save insurance companies money. They may underestimate the severity of your condition or suggest a cheaper treatment option.
Will I Qualify for Workers’ Compensation Benefits?
You will only qualify for compensation after a workplace injury if you are an employee. The Maryland Workers’ Compensation Commission states that there must be an established employer-employee relationship for an injured worker to qualify for benefits.
Unfortunately, an independent contractor injured on the job will not qualify for workers’ comp because they’re not considered a covered employee.
Workers’ Comp Disqualification
Although you can be responsible for your own workplace injuries and still recover compensation, some situations will disqualify you.
As we’ve discussed, your injury or illness needs to have been a direct result of your work. Just because an injury happened while you were at work doesn’t inherently mean that your work caused the injury.
Suppose that you get into a fight with another employee at work, resulting in serious injuries. Even though you suffered injuries while at work, your work didn’t cause you to sustain damages. Depending on the situation, you may be able to recover compensation from the other employee, but you likely won’t qualify for workers’ comp benefits.
Additionally, you may not qualify for workers’ comp benefits if your injury was intentional or if you were under the influence of drugs or alcohol at the time of the incident.
What Benefits Will I Receive Through Worker’s Compensation?
It’s important to note that your workers’ compensation benefits will likely not cover all of your damages. You’ll be eligible to recoup money for your medical bills, and you’re entitled to lost earnings equal to 2/3rds of your average weekly wage.
The workers’ compensation insurance company will calculate your weekly lost wage benefits by dividing your previous year’s earnings by 52, and they’ll multiply that amount by two-thirds.
The compensation you receive for your medical treatment should cover all of your expenses related to your workplace injuries. You should be able to recoup losses for doctor’s appointments, surgeries, prescriptions, physical therapy, prosthetics, and any other medical-related expenses you incur because of your work.
Types of Workers’ Compensation Disability Benefits
If your illness or injury keeps you from working, you’re entitled to lost earnings benefits.
The Maryland Workers’ Compensation Act outlines different types of lost earnings benefits:
- Temporary Total Disability Benefits: If an employee’s injury or illness keeps them from returning to work temporarily, they may be eligible to receive extensive coverage for lost earnings.
- Temporary Partial Disability Benefits: When an employee’s injury or illness prevents them from working full time or performing all of their work duties, their employer may need to pay half of the difference between their current wages and their average weekly wage.
- Permanent Total Disability Benefits: If an employee has lost the ability to perform any work because of their injuries or illness, the employee will be entitled to a lifetime of wage benefits.
- Permanent Partial Disability Benefits: Even if an illness or injury does not disable an employee from all employment, the employee may still be entitled to partial wage benefits for weeks, months, or years.
Workers’ Comp Death Benefits
Tragically, some Maryland employees have lost their lives from workplace accidents and occupational diseases. In these cases, the Maryland Workers’ Compensation Commission often awards victims’ families with death benefits. A family member may be able to recover benefits if they were partially or wholly dependent on the decedent’s income.
To learn more about your rights to compensation after losing a loved one, contact a Maryland workers compensation attorney or a wrongful death attorney by calling 410-753-4611 at Zirkin & Schmerling.
Workers’ Compensation Appeals Process
If your employer’s insurer undervalues your claim or outright denies your compensation, you’ll have to submit an Issues Form to the Maryland Workers’ Compensation Commission. This form should outline the money you believe you’re entitled to as well as the reason why the commission should override the insurance company’s decision.
After the commission receives your complaint, you will need to present evidence to the commission representative overseeing your case. During this time, your employer and their insurer will also present evidence to dispute your claim.
If the commission representative sides with the insurance company, you will have 15 days to file a request for the commission to rehear the appeal. Often, the Workers’ Compensation Commission denies these requests.
Fortunately, you still have options even if the commission refuses to reverse the decision. You can make your case before the Maryland Circuit Court. If the Circuit Court sides with the insurer, you can attempt to appeal it again with the Maryland Court of Special Appeals.
Contact a Maryland Workers’ Compensation Attorney Today
If you were injured on the job or developed an occupational illness, you need a workers’ compensation attorney who can secure you the most benefits possible.
The experienced workers’ compensation lawyers at Zirkin & Schmerling can help you investigate the circumstances of your injury, collect evidence of the incident, review medical records, and evaluate your claim. We practice law and can guide injured workers through the entire journey, from filing your initial claim with workers’ compensation insurance to attorneys fees to arguing for an appeal.
Contact our office of work accident attorneys for a free consultation at 410-753-4611.
