Every year, thousands of workers suffer injuries while in the course of their employment. Injured workers can obtain benefits by making a workers’ compensation claim. But the claim process is not easy, and it sometimes requires skilled representation to navigate.
If you suffered a work-related injury, the attorneys at Portner & Shure, P.A. in Annapolis can help you successfully navigate this process. Insurance companies do everything they can to avoid providing injured workers the benefits they need to rebuild their lives. Our attorneys have been successfully fighting insurance companies for more than 30 years.
To learn about workers’ comp benefits, call us at (410) 995-1515.
Maryland’s Workers’ Compensation Laws
Historically, workers had few options if they suffered a work-related injury. While the law permitted injured workers to sue their employers for compensation, a variety of legal defenses made it almost impossible for these lawsuits to succeed. In response to this growing problem, Maryland was the first State to enact workers’ compensation laws and to establish workers’ comp benefits.
What is a Workers’ Compensation Claim?
Workers’ compensation insurance is a form of “no-fault” insurance. This means, with some exceptions, a worker can still make a claim even if their own negligence caused the injury.
At a minimum, however, a workers’ compensation claim has two legal requirements:
- The victim’s injury must have been accidental.
- The injury must have occurred while the victim was within the scope of their employment or while working.
Workers’ Compensation Benefits
The benefits provided by workers’ compensation insurance are extensive. Perhaps the best benefit is the requirement that workers’ compensation insurance fully covers the cost of medical care for an injured worker, who are also allowed to choose their own medical providers.
Other workers’ compensation benefits includes:
- Temporary total disability (TTD) benefits: If an injured worker is undergoing medical treatment and is unable to return to work, workers’ compensation insurance pays them two-thirds of their pre-injury average weekly wage.
- Temporary partial disability (TPD) benefits: If an injured worker is undergoing medical treatment and is only able to return to work at a reduced capacity, workers’ compensation insurance pays them half the difference between their pre-injury average weekly wage and post-injury wage.
- Vocational rehabilitation training: If an employer is not able to accommodate an injured worker’s medical restriction, vocational rehab training provides job training. Injured workers are paid two-thirds of their pre-injury average weekly wage while undergoing vocational rehab training.
- Permanency award: An injured worker is entitled to a permanency award if they suffered a permanent injury. This is typically the last stage of a workers’ compensation claim because the injured worker has reached maximum medical improvement by this point. If an injured worker has a permanency rating that exceeds 50%, they may be entitled to lifetime benefits.
Defenses Insurers Use
Despite workers’ compensation insurance being a form of “no-fault” insurance, several defenses are available under Maryland law. Insurance companies frequently use these defenses to deny or minimize claims.
Insurance companies often deny claims by arguing that the employee was not working or not acting within the “scope of their work” when the injury occurred. Additionally, insurance companies also deny claims by claiming that injury was caused by a preexisting condition or caused by another event.
Another popular defense is willful misconduct. Under a willful misconduct defense, insurance companies argue that a worker is not entitled to benefits because the worker’s injury resulted from the worker disobeying a workplace rule and acting recklessly. Insurance companies also deny claims on the basis of intoxication. An intoxication defense requires an insurance company to prove that the worker’s injury solely resulted from the worker being under the influence of alcohol or drugs.
Assuming a claim is accepted, insurance companies try to save money by arguing that additional medical treatment is not needed.
Retain the Dedicated Attorneys at Portner & Shure, P.A.
The attorneys at Portner & Shure, P.A. in Annapolis have been successfully representing injured workers for more than 30 years. Our attorneys know that rebuilding your life depends on obtaining a successful outcome for your workers’ compensation case. We have built an excellent reputation due to our frequent appearances before the Workers’ Compensation Commission (WCC).
To schedule a free consultation regarding your Annapolis workers’ compensation case, dial (410) 995-1515 or contact us online. Our professional staff speaks English, Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Spanish.
