Wheaton Workers’ Compensation Lawyers

Injured at Work? Portner & Shure, P.A. Can Help.

Montgomery County is one of the fastest growing jurisdictions in Maryland. Part of this growth means that new development and re-development projects are constantly underway. Sadly, a byproduct of this growth is that many people suffer on-the-job/work-related injuries in Montgomery County.

If you have been hurt on the job, you may be eligible for workers' compensation benefits. Sadly, insurance companies and employers routinely fight these claims. Accordingly, if you have been hurt while working, obtaining representation from a knowledgeable and aggressive Wheaton workers’ compensation attorney can be extremely beneficial to your case, as an attorney can inform you of your rights and fight to obtain the compensation you deserve. The attorneys at Portner & Shure, P.A. have been successfully fighting for injured workers in Montgomery County for over 30 years.

Call us today at (240) 233-2801 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?

The Maryland Workers’ Compensation Commission was set up over 100 years ago in order to provide benefits to workers who suffered injuries incurred in the scope of their employment. Previously, injured workers would have to file a lawsuit against their employer. Due to a variety of legal defenses, winning was extremely difficult—if not impossible. In response to this unfairness, the Maryland State legislature created the Workers’ Compensation Commission and, with it, the state’s workers’ compensation system. Under this system, employers surrendered their legal defenses in exchange for immunity from any lawsuit brought by injured workers.

What Is a Compensable Claim?

There are several injuries and conditions that are considered compensable claims. The main elements of what is considered a compensable claim are that the injury must have been “accidental” and it must have “arisen out of and occurred within scope of employment.” Several types of benefits are available for compensable claims.

Workers’ Compensation Benefits

The primary benefit available under workers’ compensation is that an insurance company is obliged to pay for medical treatment and rehabilitation. An employer is precluded from selecting an injured worker’s treating doctor. Stated simply, an injured worker is permitted to choose their own doctor. However, an employer can force an injured worker to undergo an independent medical examination (IME) in order to determine if additional medical treatment or physical therapy is needed. Conversely, if an injured worker feels that they have not received sufficient treatment, they can undergo their own IME to contest this issue.

Injured workers who are undergoing medical treatment and who are unable to return to work are eligible to receive temporary total disability (TTD) benefits. These benefits pay two-thirds of a worker’s average weekly wage. In order to be eligible for this benefit, a doctor must verify that the worker is unable to perform the duties of their job.

Injured workers 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 are meant to compensate an injured worker for a partial loss of their income. For example, if an injured worker is only able to work six-hours instead of eight, TPD covers the remaining one hour. TPD pays half of the difference between an injured worker’s prior average weekly wage and their current reduced income.

When an injured worker is deemed to have reached maximum medical improvement (MMI) but remains disabled, they are entitled to a permanent disability award.

For injured workers with serious disabilities, specifically, a disability rating greater than 50%, lifetime disability benefits are available. An additional qualification is that the injury precludes an individual from obtaining suitable gainful employment. Under this benefit, an injured worker receives two thirds of their average weekly wage subject to a statutory cap.

The final benefit available under Maryland workers’ compensation law is vocational rehabilitation. To qualify for this benefit, an injured worker must have reached maximum medical improvement (MMI) but be unable to work either because of medical restrictions or because their employer does not offer a job subject to medical restrictions. This benefit allows an injured person to receive two-thirds of their average weekly wage while they receive evaluation and training for new employment.

Why Was My Workers’ Comp Claim Denied?

The benefits available under Maryland’s workers’ compensation statute are extensive. Accordingly, employers and insurance companies routinely fight claims in order to avoid having to pay for these benefits. Insurance carriers routinely claim that an injury is not compensable. Additionally, insurance companies often attempt to raise other defenses, such as willful misconduct or intoxication.

If your claim was denied but you disagree with the denial, you may file an appeal. These matters are generally resolved in workers’ compensation hearings, at which your attorney can present evidence in support of your claim.

How Our Workers’ Compensation Attorneys Can Help

Retaining a Wheaton workers’ compensation lawyer early in the process is nearly always beneficial to the outcome of your case. An experienced lawyer who is knowledgeable in this area of law can help ensure that your case runs smoothly and that you are informed of your rights. An attorney can help you fight to receive all of your rightful benefits.

The attorneys at Portner & Shure, P.A. have been successfully representing claimants before the Maryland Workers’ Compensation Commission for over 30 years. The results they have obtained on behalf of their clients can be seen in the numerous five-star reviews left by our prior clients. Portner & Shure, P.A. receives no fee unless you obtain a settlement or judgment in court.

To schedule a free consultation regarding your workers’ compensation claim, call us at (240) 233-2801 or contact us online.