Baltimore, Maryland Workers' Compensation Lawyer

We Believe Every Injured Worker Deserves Compensation

Making a Maryland workers’ compensation claim is a difficult and complex process. Insurance companies and employers make the process even more difficult by denying claims or by attempting to deny an employee’s right to recover. Retaining an experienced Baltimore, Maryland workers’ compensation lawyer can not only simplify the process but will also increase your chances of obtaining all the benefits you are entitled to under Maryland State law.

The dedicated Maryland workers’ compensation attorneys at Portner & Shure, P.A. can help you during all stages of a workers’ compensation claim. Our knowledgeable attorneys help you get medical treatment and lost wages by taking advantage of the extensive benefits provided by the Workers’ Compensation statute. We make regular appearances before the Maryland Workers’ Compensation Commission on behalf of our clients.

Contact the award-winning attorneys at Portner & Shure, P.A. at (410) 995-1515 or online.

Interesting History of Workers’ Compensation

When a worker suffered an injury at their job, their options for seeking compensation were limited. Historically, injured workers had to file a lawsuit against their employer. These lawsuits were difficult to win due to various defenses such as contributory negligence and the fellow servant rule. These defenses often precluded an injured employee from receiving any compensation.

In response, the State of Maryland passed the Workers’ Compensation statute. This law required employers to carry workers’ compensation insurance. Additionally, the law created the Workers’ Compensation Commission (WCC).

Workers’ Compensation insurance is a form of “no-fault” insurance that provides benefits to employees who suffered injuries during the course of their employment.

Currently, there are two requirements to have a compensable workers’ compensation claim:

• The victim must have suffered an accidental injury.
• The injury must have occurred within the scope of their employment.

Benefits for Workers’ Compensation Claims

Injured employees are entitled to a variety of benefits under the Workers’ Compensation statute. One primary benefit for injured workers is that their employer’s workers’ compensation insurance carrier pay for their medical treatment. Additionally, the insurance carrier must also pay for rehabilitation such as physical therapy and orthopedic care.

The Workers’ Compensation statute permits an injured employee to choose their own doctors. The insurance carrier is not permitted to dictate the medical treatment an injured employee receives. However, the insurance carrier can dispute whether medical treatment is necessary. These disputes are resolved via hearings before the Workers’ Compensation Commission.

Workers’ compensation provides several other benefits including:

• Temporary total disability (TTD) benefits: Injured workers who unable to return to work and who are currently undergoing medical treatment receive disability payments. These payments reflect two-thirds of an injured worker’s pre-injury average weekly wage. To qualify, a medical doctor must certify that the injured worker is unable to perform their prior duties.
• Temporary partial disability (TPD) benefits: Injured workers who can only return to work at a reduced capacity receive partial disability payments. This benefit pays half the difference between the injured worker’s pre-injury average weekly wage and their post-injury wage.
• Vocational rehabilitation training: Injured workers who are unable to work but reached maximum medical improvement can receive vocational rehabilitation training. To qualify, the employer must be unable to accommodate the injured worker’s medical accommodations. This benefit provides job training to injured workers along with payments reflecting two-thirds of an injured worker’s average weekly wage.
• Permanency award: A permanent disability award is available for injured workers who reach maximum medical improvement (MMI) but remain permanently disabled. If an injured worker’s disability rating is higher than 50%, and if they are unable to obtain suitable employment, lifetime benefits are available.

The benefits are extensive and expensive for insurance carriers. Insurers assert a variety of legal defenses to fight workers’ compensation claims.

Defenses the Insurer Might Use Against You

Insurance companies often argue that a claim is not compensable because it did not occur within the scope of employment. Insurance carriers often raise the defenses of intoxication or willful misconduct, too. Willful misconduct precludes a claim if the insurance company proves that the employee recklessly and intentionally violated a workplace rule which then caused their injury. Intoxication precludes a claim if the insurance company proves that the employee was intoxicated, and the employee’s intoxication resulted in their injury.

Services Portner & Shure, P.A. Can Provide

If you suffered an injury while working, your employer and their workers’ compensation insurance carrier are hoping that you remain ignorant of the benefits available through workers’ compensation. For 30 years, the Baltimore workers’ compensation attorneys at Portner & Shure, P.A. have been successfully representing claimants before the Maryland Workers’ Compensation Commission. We can inform you of your rights and fight to ensure that you receive the benefits you are owed.

Our staff fluently speaks English, Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Spanish. To schedule a free consultation regarding your Baltimore workers’ compensation claim, call us at (410) 995-1515 or contact us online.