In the past, the only option available to injured workers was to file a lawsuit against their employer. The chances of winning a lawsuit against an employer were minimal due to legal defenses such as contributory negligence and the fellow-servant rule. In response to this issue, Maryland passed the workers’ compensation statute, which requires employers to carry workers’ compensation insurance, and created the Workers’ Compensation Commission (WCC).
If you recently suffered a job-related injury, a Glen Burnie, Maryland Workers’ Compensation attorney can help guide you through the workers’ compensation process. The experienced workers’ compensation attorneys at Portner & Shure, P.A. have represented injured workers before the WCC for more than 30 years.
For a free consultation, call us at or contact us online.
How a Maryland Workers’ Compensation Claim Works
Workers’ compensation insurance is a form of “no-fault” insurance that allows injured workers to make a claim even if they caused their own injuries. There are some exceptions to the “no-fault” doctrine, though.
For a workers’ compensation claim to be compensable, the worker must have:
· Suffered an accidental injury; and
· That injury must have occurred within the scope of their employment.
Benefits in a Workers’ Compensation Claim
Workers’ compensation insurance provides several benefits for injured victims. The medical treatment that an injured worker requires is paid for by the workers’ compensation insurance carrier, which must also pay for rehabilitative care. An injured worker is also entitled to select their own treating doctors and therapists.
The availability of medical care for an injured worker is not unlimited, though. The insurance carrier is entitled to contest whether an injured worker requires medical treatment or rehabilitative care because the insurer only has to cover necessary medical treatments, not elective treatments.
In addition to medical care, workers’ compensation insurance provides a variety of additional benefits including:
· Temporary total disability (TTD) benefits: This benefit pays an injured worker two-thirds of their pre-injury average weekly wage. To qualify for TTD, a medical doctor must certify that the injured worker is unable to work, and the injured worker must be receiving medical treatment.
· Temporary partial disability (TPD) benefits: This benefit pays an injured worker half of the difference between their pre-injury average weekly wage and their post-injury wage. To qualify, the worker must be unable to return to work at their full capacity and be receiving medical treatment.
· Vocational rehabilitation training: This benefit pays an injured worker two-thirds of their pre-injury average weekly wage and also provides job training. To qualify, the employer must be unable to accommodate the injured worker’s medical restrictions after making reasonable attempts to do so.
· Permanency award: Once an injured worker reaches maximum medical improvement (MMI), and if they are considered permanently disabled, they are entitled to a permanency award. If an injured worker’s permanent injury rating is higher than 50%, then lifetime benefits are available, assuming they cannot obtain suitable employment.
Defenses Used by Insurance Carriers
The most frequently used defense by insurance carriers is that the claimant’s injury did not occur within the scope of their employment. This defense will require an investigation into the circumstances surrounding the incident.
Insurance carriers also try and use the defense of intoxication if there is any evidence that the injured worker consumed drugs or alcohol prior to the injury occurring. For this defense to succeed, the insurance company must prove that that the injured worker was intoxicated, and the intoxication caused the worker’s injury.
Similar to intoxication, insurance carriers also frequently use the defense of willful misconduct. For the defense of willful misconduct to succeed, the insurance company must prove that the worker’s injury occurred due to the worker acting in a reckless manner that intentionally violated a workplace rule. In addition to these defenses, insurance carriers also contest the amount of medical treatment an injured worker can have by arguing that the injured worker has reached maximum medical improvement (MMI) earlier than expected.
Services Portner & Shure, P.A. Can Provide
Insurance companies routinely contest workers’ compensation claims. Their main goal is not to help an injured worker but rather to save money by denying benefits. They want you to give up your claim because dealing with them is so frustrating.
To get all of the benefits you need, representation by a Glen Burnie, Maryland workers’ compensation attorney can make a huge difference. The attorneys at Portner & Shure, P.A. have been successfully advocating on behalf of injured workers for more than 30 years.
To schedule a free consultation regarding your workers’ compensation claim, contact us online or by dialing . Our professional staff fluently speaks English, Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Spanish.
