Silver Spring Workers’ Compensation Attorney
Workers’ compensation laws in Maryland can be confusing and involve very strict guidelines for what is considered a workplace injury. If you or a loved one has been injured while performing the duties of your job, or a loved one has died from injuries sustained during a workplace injury, call our personal injury law firm today for information on what rights you might have. Let a Silver Spring workers’ compensation attorney fight for you.
Why Hire a Silver Spring Workers’ Compensation Lawyer?
There are a number of reasons to work with an experienced lawyer when you are trying to ensure that you receive the full benefits of your workers’ compensation coverage. The most important one, however, is to ensure that you are not taken advantage of or lost in the complexities of the system. Our Silver Spring workers’ compensation attorneys have experience handling the paperwork and explaining the workers’ compensation process to injured workers, taking an otherwise frustrating time and helping to make it smoother and less inconvenient.
However, it is important to remember that every workers’ compensation claim is different and that it will be necessary to demonstrate that the nature of your injuries qualifies you to receive compensation. Our Silver Spring workers’ compensation lawyers could help, but only after you call in and conduct your free initial consultation to give us a better idea of your unique case.
Montgomery County Statistics and Requirements
Montgomery County had the fourth-highest number of workers’ compensation claims with 2,043 workers claiming they were injured on the job, compared to 1,990 in 2010. Montgomery County must follow the State of Maryland Workers’ Compensation regulations, which require all employers to obtain workers’ compensation insurance or become a self-insured employer.
All costs for workers’ compensation insurance must be paid by the employer, and any employer who attempts to deduct the cost of such coverage from an employee’s salary is considered in violation of the law and may be found guilty of a misdemeanor. If an employee’s injury results in a disability of more than three days, the employer is required to report the injury or disease to the Workers’ Compensation Commission within ten days after the employee notifies the employer of the incident.
Covered Injuries
Not all injuries are automatically covered by Maryland law, even if the injury occurs while performing regular job duties. The law specifically states that workers’ compensation only covers “accidental personal injury arising out of and in the course of employment” or an occupational disease that arises over time from the inherent hazards of the employment. Many employers may claim that the injury did not occur during the normal course of employment, some even suggesting the injury occurred as the result of horseplay or intoxication on the part of the employee. Because it is sometimes difficult to determine if an injury falls within these guidelines, it is highly recommended that anyone injured on the job, or while performing duties related to the job, contact a qualified Silver Spring workers’ compensation lawyer to safeguard their rights under the law.
Permanent Disability
In some cases, an injury is determined to be so serious an employee is unable to return to work at all, resulting in permanent total disability (PTD). In Maryland, the loss of both arms, eyes, feet, hands or legs, or a combination loss of an arm, eye, foot, hand or leg, automatically results in permanent total disability. For those whose injury is not severe enough to make them totally disabled and who are able to perform some types of work, they may be eligible for permanent partial disability (PPD) benefits.
In some cases, an occupational illness may also make an employee eligible for permanent disability benefits. When a decision of permanent total disability is awarded, employers must pay the employee compensation equal to two-thirds of the average weekly wage. In addition, the benefits are subject to an annual cost of living adjustment not to exceed five percent.
Medical Benefits
Workers’ compensation insurance also pays for medical and hospitalization costs when an employee suffers an injury or occupational disease that is covered under the regulations. Medical, surgical, hospital, nursing, medicine, crutches and prosthetic appliances are all examples of medical benefits covered under workers’ compensation. These payments may continue indefinitely until a licensed physician determines that the employee no longer requires treatment. In addition, the employee may be eligible for lost wages during the period he is unable to work and these are called temporary total disability (TTD) benefits. When an employee may no longer perform the duties due to an injury on the job, the employer may also be responsible for any vocational rehabilitation (VR) necessary, including training for another position.
How Can I Afford a Lawyer?
The most common reason injured workers give for not contacting a workers’ compensation lawyer immediately is that they believe they cannot afford one. They could not be more wrong and, realistically, they cannot afford not to have a good lawyer. Lawyers who represent injured workers are called claimants’ lawyers because we represent the claimants instead of representing the insurance companies and employers.
An injured worker NEVER pays their lawyer out of pocket. Claimants’ lawyers in Maryland are not paid by the hour and, in fact, are only entitled to a fee in very specific circumstances, and that fee must be approved by the Workers’ Compensation Commission. The two main areas where claimants’ lawyers get paid are:
- If your employer will not voluntarily pay your TTD and your lawyer must fight to get those benefits for you, his fee will be 10% of any overdue benefits and
- If you receive an award for disability benefits (PPD or PTD), your lawyer receives 20% of the award, but that percentage actually drops as the total value of the award grows, up to a maximum amount which changes each year. This is based on a fee schedule within the law and is at the discretion of the WCC.
Call Our Law Offices Today
There’s no reason to wait if you deserve workers’ compensation benefits. Call a Silver Spring workers’ compensation lawyer with our firm today to make sure that your best interests are represented throughout the process. Our legal team is standing by to take your call and conduct your initial consultation free of charge.
