Workers Compensation

When someone is injured at work, he or she has a workers’ compensation claim. A work injury can happen while at the employer’s building, or if driving is part of the job, while on the road. It does not matter if anyone was at fault - workers’ compensation benefits are available. Indeed, an employee cannot sue his or her employer even if the employer’s fault caused the injury.

Injuries on the job include work accidents and “occupational diseases” such as exposure to chemicals. Maryland’s highest court (now called the Supreme Court of Maryland) has also recognized that there can be workers’ compensation claims for injuries that occur from the rigors of a particular job even if there was no distinct “accident.”

Benefits Available to Injured Workers

Workers’ compensation provides distinct types of benefits:

Medical benefits pay for medical care needed because of injuries from the work accident. These benefits are available for life.
Temporary total disability cash payments are paid while the employee is unable to work and is receiving medical care and improving. They are generally two-thirds of the worker’s average weekly wage, up to a state maximum. Once the medical care has gotten the employee as healthy as possible, then temporary total payments stop.
Vocational rehabilitation: if the employee is not able to return back to work, he or she may be eligible for vocational rehabilitation assistance and more temporary checks.
Permanency benefits: if an employee is left with permanent residual injury, then he or she is entitled to either permanent partial disability benefits or, if he or she will never work again, to permanent total disability benefits.
Death benefits: when a work injury or occupational disease causes death, dependents may be entitled to benefits and funeral expenses.

Key Maryland Deadlines

Tell your employer about an accidental injury, orally or in writing, within 10 days.
File an Employee Claim (Form C-1) with the Maryland Workers’ Compensation Commission within 60 days of an accidental injury.
For an occupational disease, notify the employer within one year of discovering it; the claim generally must be filed within 2 years.
When a work injury causes death, family members have their own, different deadlines.

Missing a deadline can put your benefits at risk, so talk with a lawyer promptly.

Why You Need an Attorney

If you have been injured at work, you need an attorney. Here are some reasons why:

An employee must give prompt notice of an accident to his or her employer and must file a special claim form with the Workers’ Compensation Commission.
In serious injuries, navigating the transitions from temporary total to vocational rehabilitation or permanency benefits can be very tricky. Workers’ compensation insurers often push the envelope and cut workers off prematurely.
Permanency awards depend on medical ratings and on how the injury affects your ability to work. An insurer’s doctor may rate your impairment far lower than your own doctor does, and the difference can be substantial.
If there is a person who is at fault for what happened other than the employer, you could lose your right to workers’ compensation benefits or to suing the at fault person if you do not follow complex procedural rules.

When Someone Other Than Your Employer Is at Fault

Many work injuries happen on the road or on job sites controlled by other companies. A delivery driver rear-ended by a careless motorist, or a worker hurt by a subcontractor’s equipment, may have both a workers’ compensation claim and a separate personal injury claim against the at-fault party. The two claims interact — for example, the workers’ compensation insurer may have a lien on the injury recovery — and handling them together protects you. See automobile crashes and trucking negligence.

Our role is to make sure you receive every benefit the law provides, that your medical care is authorized, and that the insurer does not cut off your checks before you are ready.

What to Do After a Work Injury

Report the injury to your supervisor right away and write down the date and who you told.
Get medical care and tell the provider that the injury happened at work.
Keep copies of all forms, pay stubs and letters from the insurance company.
Do not sign a settlement or a statement without advice.

Common Work Injuries We Handle

Back, neck and shoulder injuries from lifting, pushing and pulling
Knee injuries and fractures from falls on the job
Injuries from vehicle crashes while driving for work
Repetitive-use injuries, such as carpal tunnel syndrome
Occupational diseases caused by exposure to chemicals, dust or other hazards
Hearing loss and injuries from machinery

Workers’ Compensation FAQs

Can I choose my own doctor? In Maryland, injured workers generally may choose their own treating physician. Choosing a doctor who understands work injuries and will document your restrictions clearly can make a real difference.

Can my employer fire me for filing a claim? Maryland law prohibits an employer from firing an employee solely because the employee filed a workers’ compensation claim. If you believe this has happened, talk with a lawyer promptly.

What happens at a Commission hearing? When the insurer disputes a claim or a benefit, a Commissioner hears testimony and reviews medical evidence, then issues a decision. We prepare you in advance and present the evidence for you.

How are attorney fees paid? Attorney fees in Maryland workers’ compensation cases are regulated and must be approved by the Commission. You do not pay fees up front.

Long-Term Disability

If a work injury leaves you unable to work for a year or more, you may also qualify for Social Security Disability. Because workers’ compensation and Social Security benefits can offset each other, the way a workers’ compensation settlement is written matters. We handle both kinds of claims and can coordinate them.

If you or someone you care about has been injured at work, please contact us or call 410-666-2200. The employer’s workers’ compensation insurance company does not have your best interests in mind. If you are too hurt to travel, we make house calls.