Salisbury Workers’ Compensation Lawyers
Injured at Work? Let Portner & Shure, P.A. Help You
If you or someone you love was hurt on the job, you may be eligible for workers’ compensation benefits. An experienced attorney can discuss your rights with you and fight for the compensation you deserve. The litigation team at Portner & Shure, P.A. has successfully advocated on behalf of injured workers in Salisbury, Ocean City, and Easton for more than 25 years.
Call us today at (855) 954-4141 or submit an online contact form to learn more about how we can help you with your workers’ compensation claim during a free initial consultation.
What is Workers’ Compensation?
Maryland enacted Workers’ Compensation laws more than 100 years ago. The goal of these rules was to protect workers in the rapidly expanding industrial society. They also intended to protect employers and taxpayers from the unpredictable nature and expense of litigation. The Workers’ Compensation Act gives an injured worker and their dependents a no-fault method of recourse against their employer for compensation due to accidental injuries arising out of and in the course of employment.
Despite these idyllic goals, insurance companies and employers consistently fight workers’ compensation claims. If you or your loved one have been hurt while at work obtaining the assistance of an experienced and aggressive workers’ compensation attorney may prove decisive in the success of your claim.
Compensable Workers’ Compensation Claims
To determine if a workers’ compensation claim is compensable, you should ask:
- Whether the injury was an accident
- If the injury arose out of and occurred within the scope of employment
If the answer to both of these questions is “yes,” then the claim is compensable. Whether the insurance company wants to admit that is a different question entirely, though.
Workers’ Compensation Benefits
Several types of benefits are available for compensable claims under the workers’ compensation statute.
Benefits available to most workers’ comp claimants are:
- Medical treatment coverage: The fundamental benefit is that the employer’s insurance company pays for the injured employee’s medical treatment and rehabilitation.
- TTD benefits: Injured employees who are undergoing medical treatment and are unable to return to work are eligible to receive temporary total disability (TTD) benefits. TTD benefits pay two-thirds of the employee’s average salary. To be eligible for this benefit, a physician must first verify the employee is unable to perform the duties of their job.
- TPD benefits: Injured employees who are undergoing medical treatment, but who are able to work at a reduced capacity are eligible for temporary partial disability (TPD) benefits. TPD benefits intend to compensate an injured employee for a partial loss of their income. For example, TPD benefits would come into play if an injured employee were only able to work six hours instead of their standard eight-hour shift. TPD compensates for half of the difference between an injured worker’s prior average salary and their current reduced income.
- Permanent disability award: If an injured employee is deemed to have achieved maximum medical improvement (MMI) but remains disabled, they are entitled to a permanent disability award.
- Lifetime disability benefits: For injured employees with a disability rating greater than 50%, lifetime disability benefits are available. To qualify for lifetime disability benefits, the employee’s injury must preclude them from obtaining suitable gainful employment. Regarding lifetime disability benefits, an injured employee obtains two-thirds of their average salary, which is subject to a statutory cap.
- Vocational rehabilitation: The last benefit permissible under Maryland workers’ compensation law is vocational rehabilitation. To qualify for this benefit, an injured employee must have reached maximum medical improvement, but remain unable to work, either due to medical restrictions or because their employer does not offer a job subject to medical restrictions. The vocational rehabilitation benefit permits an injured employee to obtain two-thirds of their average weekly wage while they are evaluated and trained for new employment.
Why Was My Workers’ Compensation Claim Denied?
The expansive potential recovery in a workers’ compensation case results in employers and insurance companies fighting these claims. Insurance companies may deny your workers’ compensation claim by raising a variety of defenses. For example, they may argue willful misconduct or intoxication.
If your claim was denied, and you disagree with that denial, you may have the opportunity to file an appeal. Workers’ compensation appeals are typically resolved at workers’ compensation hearings. Your attorney can attend this hearing and present evidence in support of your claim.
Can I Be Fired for Bringing a Workers’ Comp Claim?
The short answer to if you can be fired for bringing a workers’ compensation claim is no. An employer cannot discharge an employee solely because they filed a claim. However, this strict statutory language means that an employer will oftentimes argue that there were other reasons for terminating the employee.
For example, an employer is not liable for wrongful discharge if the termination is premised on the employee’s inability to perform the work or excessive absenteeism resulting from the injury. An experienced Salisbury workers’ compensation attorney can research the circumstances surrounding your accident and evaluate if you may also have a wrongful termination claim.
Retain Our Experienced Workers’ Comp Lawyers
Having an experienced Salisbury workers’ compensation attorney on your side can prove essential to obtaining a successful outcome in your case. The earlier you retain the services of an attorney, the more helpful they can be. A veteran attorney who is well-versed in workers’ compensation law can ensure that your claim runs smoothly and that you are aware of your legal rights. An attorney can also advocate for all of the benefits you deserve.
The lawyers at Portner & Shure, P.A. have successfully advocated on behalf of clients before the Maryland Workers’ Compensation Commission for more than 25 years. The National Trial Lawyers Association included Mr. Portner in the top 25 workers’ compensation attorneys in 2018. Mr. Portner was also named the Plaintiff’s law Litigator of the Year in 2020 by the American Institute of Trial Lawyers.
Portner & Shure, P.A. receives no fee unless you obtain a favorable settlement or judgment in court. We only succeed if you succeed.
To schedule a free consultation pertaining to your workers’ compensation claim, call us at (855) 954-4141 or contact us online.
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