Silver Spring Workers’ Compensation Settlements

Following an injury sustained at work, you may be entitled to compensation. In order to do so, it is important to work with a lawyer. Speak with a knowledgeable workers’ compensation attorney that could explain Silver Spring workers’ compensation settlements and the benefits of settling with you. A qualified lawyer could help you determine whether settling is right for you.

Duty of Employers

A person’s HR department and their employer have to advise them of their right with respect to filing a workers’ compensation claim and are required to provide claim forms. The employer needs to hang a poster explaining their rights under the workers’ compensation law in their place of employment.

Parties Involved in Workers’ Compensation Settlements

In Silver Spring workers’ compensation settlements, the claimant, employer, and insurer can agree to a full and final settlement of all issues. Theoretically, the claimant will receive greater compensation than otherwise in agreement to close out the case permanently and forego the ability to claim future needs and disability benefits.

There may be an adversarial relationship between the employee and employer-insurer. The employer-insurer wants to decrease their exposure and the injured worker wants to be compensated for their injury fairly.

Steps to Take Following an on the Job Injury

Steps that an individual should take following an injury include notifying their employer immediately, filing the necessary report with their employer, and going to the doctor and getting treatment to document their injury. The individual should also keep time deadlines in mind when filing for compensation.

Process of Filing a Claim

Before filing a claim, the injured person needs to notify the employer who might then advise the person on what to do. Once the worker misses three days of work due to the work injury, the employer must file its first report of injury with the Workers’ Compensation Commission and they have 30 days to do that from the injury. The claimant needs to file an Employee Claim Form with the Commission within two years of the injury.

Options if People Cannot Return to Work Following an Injury

Following an injury, once an injured worker has reached maximum medical improvement so that their permanent physical and/or mental restrictions can be determined if the claimant is permanently unable to perform the duties of their pre-injury employment, the claimant has the right to receive vocational rehabilitation (VR). In VR, the claimant will continue to be paid weekly disability benefits while working with a vocational counselor to find gainful employment.

Settling and the Impact it May Have on Benefits

The settlement will cut off a person’s benefits if it is a full and final settlement. If an individual believes that Silver Spring workers’ compensation settlements are their best option, they should ensure that all of their healthcare expenses would be paid to the date and that they should be compensated for waiving their rights to future healthcare or future average weekly wage benefits.

Value of a Workers’ Compensation Attorney

If you have been injured while at work, you should consider working with a capable workers’ compensation attorney. The Maryland Workers’ Compensation Act is specific to Maryland and a local lawyer will have a better knowledge of the laws because it is not a federalized system so each state has its own Workers’ Compensation Act. Furthermore, an experienced legal advocate may have dealt with Silver Spring workers’ compensation settlements before and could pursue the best possible outcome for you.