Greenbelt, Maryland Workers’ Compensation Lawyer

Protecting the Rights of Injured Employees

Injuries at the workplace occur on a daily basis. Employees suffer injuries because of simple mistakes, random chance, or another person’s negligence. Maryland workers’ compensation laws provide several benefits that can help injured workers rebuild their lives without destroying their finances.

The Greenbelt workers’ comp attorneys at Portner & Shure, P.A. can help guide you through the workers’ compensation process from start to finish. It can often be confusing and is made even more difficult by insurance companies and employers that search for reasons to deny claims. Our attorneys have been protecting the rights of injured workers for more than 30 years, though. Let us put our experience to good work for your case.

To learn about your rights, call us at (410) 995-1515 or contact us online.

History of Maryland’s Workers’ Compensation Laws

Maryland was the first state to enact workers’ compensation laws. Prior to the advent of these laws, injured employees had few options to obtain compensation for their injuries. They would usually need to file lawsuits against their employers, which were prone to fail because the entire situation was tilted to benefit employers. In response to this growing problem and perceived unfairness, Maryland passed the workers’ compensation statute that provides a form of no-fault insurance for injured workers.

What is a Workers’ Compensation Claim?

To have a viable workers’ compensation claim, you must have suffered an accidental injury that occurred within the scope of your employment. As workers’ compensation insurance is a form of “no-fault” insurance, with some exceptions, an injured worker may have a compensable claim even their own negligence caused their injury. Problems can arise if your employer or their insurer tries to argue that you intentionally caused your injury to try to get workers’ compensation.

Workers’ Compensation Benefits

Injured workers are entitled to a variety of benefits under Maryland workers’ compensation laws. Perhapsthe most common benefit is that a workers’ compensation insurance carrier must pay an injured worker’s medical expenses and for their rehabilitative care. Additionally, an injured worker is entitled to choose their own medical provider in Maryland.

Workers’ compensation insurance also provides other benefits for injured workers such as:

· Temporary total disability (TTD) benefits: Injured workers who are undergoing medical treatment and who are unable to work are entitled to TTD, which pays two-thirds of their pre-injury average weekly wage.

· Temporary partial disability (TPD) benefits: Injured workers who are undergoing medical treatment and who are unable to return to work at their full capacity are entitled to TPD. An injured worker is paid half of the difference between their pre-injury average weekly wage and their post-injury wage.

· Vocational rehabilitation training: When an employer is unable to accommodate an injured worker’s medical restriction, an injured worker may qualify for vocational rehabilitation training. This benefit provides job training to an injured worker and pays an injured worker two-thirds of their pre-injury average weekly wage while they receive job training.

· Permanency award: Injured workers that reach maximum medical improvement (MMI) and who are considered permanently disabled are entitled to a permanency award. If an injured worker’s permanent injury rating is higher than 50%, lifetime benefits are available if they are unable to obtain suitable employment.

Defenses Insurance Companies Could Use

Insurance carriers frequently argue that a victim’s injury did not occur within the scope of their employment. Specifically, they argue the injury was caused by another event or was a preexisting condition.

Another defense that is frequently raised is intoxication. Insurance carriers raise this argument when there is evidence that an injured worker consumed drugs or alcohol prior to the accident. To successfully use this defense to defeat a claim, an insurance carrier must prove that the worker was intoxicated and that their intoxication was the sole cause of the worker’s injury.

Insurance carriers also use the defense of willful misconduct to defeat a claim. To successfully use this defense, an insurance carrier must prove that the injured worker intentionally violated a workplace rule, acted in a reckless manner, and as a result suffered an injury.

For injured workers seeking medical treatment or rehabilitative care, insurance carriers frequently argue that treatment is unnecessary or that an injured worker has reached maximum medical improvement. Only necessary medical treatments need to be paid for by the insurer.

Services Portner & Shure, P.A. Can Provide

Successfully navigating the workers’ compensation process is a difficult task. The Greenbelt workers’ comp attorneys at Portner & Shure, P.A. can make this process easier and less stressful for you. Our attorneys will focus on getting you the benefits you are entitled to so that you can focus on your recovery and rebuilding your life. We have been successfully battled workers’ comp insurance carriers for more than 30 years. During this time, we have obtained many favorable results for our clients.

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