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MARYLAND WORKERS COMPENSATION LAWYERS
VIRGINIA WORKERS COMPENSATION LAWYERS

WORKERS' COMPENSATION:

The attorneys at Portner & Shure, PA, have nearly seventy collective years experience dealing with insurance companies, employers, and the government with respect to obtaining injury benefits. When an injury is sustained on the job and in the course of employment you are entitled to workers' compensation benefits. The staff at Portner and Shure, PA, understands the financial, physical, and emotional hardships that you and your family may suffer as a result of an injury. We will work closely with you to ensure that you receive the best possible outcome and maximum recovery of benefits. We will also pay close attention to the temporary compensation that you will require so you can pay your bill and focus on getting better. You deserve an attorney that can provide you with immediate help and who will work with you throughout this lengthy process.

Workers' Compensation is insurance that provides compensation for employees who are injured on the job.  In Virginia and Maryland employers are required to provide workers' compensation insurance.  All injuries however, are not covered, and the injury must have occurred while working.

To be covered under an employers policy, a person must be an employee on the company payroll.  Contractors and sub-contractors are often not covered under an employers policy and are therefore required to secure their own coverage.

Statutory reporting requirements state that injuries must be reported to the employer, who is required to then notify the workers' compensation carrier of the accident or illness.  In Maryland to obtain certain benefits the claim should be filed with the Maryland State Workers' Compensation Commission within two years of the accident date.  Issues that are disputed are decided by the Workers' Compensation Commission at a hearing.  The employee or employer can file issues requesting a hearing to resolve the matter in question.  Issues that are often decided by the commission include: (1) determining if the claim is compensable; (2) seeking medical bill payments or medical care; (3) obtaining lost wages; (4) vocational rehabilitation; and (5) the nature and extent of permanent disability.

The employer is responsible for all medical treatment bills, including therapy, diagnostic tests and surgery.  The injured employee is entitled to be reimbursed for mileage to and from the doctor as well as parking and tolls.

BENEFITS

Temporary Total Disability:

If an employee is placed off work by his treating doctor, the employee is entitled to two-thirds of his average weekly wage, non-taxed, for the disability period.  The rate of pay is determined by securing the gross wages for thirteen weeks before the accident and averaging them (including overtime paid during this period)

Health Care:


In Maryland an employee is allowed to treat with the physician of their choice, if the claim is deemed compensable.  However, the employer is allowed to send the injured employee for an IME (independent medical evaluation) to assure that the treatment is warranted, appropriate and necessary.  In the event a treating physician and IME physician are in disagreement regarding certain issues, the discrepancies are decided at a hearing before the Workers' Compensation Commission.

Temporary Partial Disability:

If an employee can return to work, but not full-time, or needed to take another position for less money, the employee is entitled to temporary partial disability (payments which pay a percentage of the difference between the employers salary at the time of the injury and the current pay rate).

Vocational Rehabilitation:

If an injured employee cannot return to regular employment due to the injury, he is entitled to be vocationally rehabilitated for a comparable position.  This benefit is paid for by the insurer/employer and includes services from job search through re-training and re-education.  While receiving vocational rehabilitation the employee is entitled to receive temporary total benefits.

Permanent Partial Disability:

When an employee reaches maximum medical improvement and the physician deems there is no additional treatment that will improve his condition, the employee maybe entitled to permanent partial disability.  This is a benefit payable to the employee to compensate him for the permanent damage resulting from the injury and to compensate him for the fact that he will never exactly be the same as prior to the injury.  The benefit is determined by the part of the body injured and the nature and extent of the disability.

Death Benefits:

If an employee dies as a result of his work-related injury/illness and has dependents, who were in some manner dependent on the deceased for financial care, they may apply for monetary benefits.  Benefits are determined by the relationship of the deceased and the level of financial dependence.

Caps do exist on the amount of life-time benefits that may be received.  In addition, the employer is responsible for funeral expenses up to $5,000.00.

The Workers' Compensation Commission follows State Statutory rules and regulations. Our attorneys know how to make those rules work in your favor. In fact, the system was designed to favor the injured worker. This fact should be at the heart of every argument. Insurance companies actually have attorneys looking out for their best interest, you should have an attorney looking out for yours. Our experienced staff is available to assist you in your work injury claim.

OUR INJURED WORKERS' STAFF:

Portner and Shure, PA has two experienced Workers' Compensation Paralegals on staff to assist with the daily issues that may arise in your claim. Pam Brown and Christiana Rowland have nearly 20 years collective experience with dealing with workers' compensation claims in Maryland and Virginia. Their experience with dealing with the Uninsured Employer's Fund as well as the Subsequent Injury Fund has allowed many of the firms clients to obtain additional benefits, which they did not know existed. They have obtained awards ranging from several thousand dollars to hundreds of thousands of dollars. Being up to date on the current rules and regulations as well as being connected directly to the Workers' Compensation Commission has allowed them to expedite claims. Extensive knowledge of the workers' compensation procedures has allowed them to handle issues from lost wages, authorization for medical treatment, permanency awards and death benefits.

Christiana Rowland and Pam Brown, through education and work experience, have dealt with many complicated workers' compensation claims. Their many years of experience have ensured the maximum recovery of benefits for injured workers that have used Portner & Shure. Both of these paralegals have had experience dealing with the Uninsured Employer's Fund as well as the Subsequent Injury Fund. They pride themselves on helping clients obtain immediate temporary total benefits. Clients are routinely updated on the status of their pending cases since these paralegals are connected to the firms system from home as well as the Workers' Compensation Commission. Many of their clients are referrals from previous clients whom they have helped over the years. Finally, both are no stranger to litigation and often prepare both Mr. Ruby and Mr. Portner for hearings before the Commission that are routinely done by these attorneys.

Frequently Asked Questions

Q. How long of a time period do I have to give my employer notice of an injury? Ten (10) days. The notice requirement is spelled out in LE§9-704.

A. If I miss the ten (10) day notice period is my claim automatically dismissed? No. In fact, this exact issue was recently reviewed in Elste vs. ISG Sparrows Point, LLC, et al., No. 1625 September Term 2008 (filed October 29, 2009). The Court indicated that if notice is missed it becomes the employers burden to prove that prejudice resulted from a failure to comply with the notice requirement. According to §9-706(a), if the employer fails to meet this burden the Workers’ Compensation Commission(link) must excuse the failure to comply. To meet this burden the employer must offer some evidence that the lack of timely notice actually harmed its legal interests.  

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents.  You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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Howard County
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Ellicott City, MD 21042
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