The advent of Workers’ Compensation Insurance revolutionized the American labor force. Prior to workers’ compensation insurance, employees that suffered job related injuries had few options other than to file a lawsuit against their employer. Winning these lawsuits was difficult, if not impossible.
If you suffered a work-related injury, you should consult a Silver Spring workers’ compensation attorney immediately. The benefits available from workers’ compensation Insurance are extensive. However, the process of obtaining these benefits can be complex and difficult due to the defenses and stalling tactics used by employers and insurance companies. The Workers’ Compensation attorneys at Portner & Shure, P.A., will fight to obtain the benefits you are entitled too.
For a free consultation, call our firm at or contact us online.
How A Silver Spring Workers’ Compensation Claim Works
In order to have a compensable Workers’ Compensation claim, a victim must have suffered an accidental injury that arose out of and occurred within scope of their employment. Workers’ Compensation Insurance is a “no fault” form of insurance. What this means is that even if the victim caused their own injury (with some exceptions), a victim still has a compensable claim. Several benefits are available for Workers’ Compensation victims.
Benefits For Silver Spring, Maryland Workers’ Compensation Claims
The main benefit provided by workers’ compensation insurance is that the insurance carrier must pay for a victim’s medical treatment. In addition to medical treatment, the insurance carrier must also pay for rehabilitative care including physical therapy and orthopedic care. By law, workers’ compensation victims are allowed to select their own doctors and therapists. The insurance company is prohibited from selecting a victim’s doctor or dictating a victim’s medical care. An insurance company is permitted to dispute whether the victims requires medical treatment. Disputes regarding medical treatment are resolved at Workers’ Compensation Commission hearings.
Workers’ Compensation insurance also provides benefits such as:
- Temporary total disability (TTD) benefits – If a victim is unable to return to work and is currently receiving medical treatment, this benefit pays disability payments that is equal to 2/3rds of victim’s pre-injury average weekly wage. In order to receive this benefits, a medical doctor must certify that the injured worker is unable to work.
- Temporary partial disability (TPD) benefits – If a victim is unable to return to work at their full capacity and is currently receiving medical treatment, this benefit pays half the difference between an victim’s pre-injury average weekly wage and their post-injury wage.
- Vocational Rehabilitation Training – If a victim is unable to return to work but no longer requires medical treatment, this benefit provides job training along with payments reflecting 2/3rds of a victim’s average weekly wage. To qualify, the employer must be unable accommodate the victim’s medical restrictions.
- Permanency award – Once a victim reaches maximum medical improvement, and if they are permanently disabled, they are entitled to a permanency award. If a victim’s rating is higher than 50%, lifetime benefits are available if they are unable to obtain suitable employment.
Insurance carriers utilize several defenses in order to prevent victims from claiming these awards.
Defenses
Employers and insurance companies frequently deny and defend claims on the basis that the injury did not occur within the scope of a victim’s employment. Depending on the facts of a case, employers and insurance companies can also raise the defenses of intoxication or willful misconduct.
The defense of willful misconduct defeats a claim if evidence is produced showing that a victim’s injury occurred due the victim recklessly and intentionally violating a workplace rule. The defense of intoxication also defeats a claim if evidence is produced showing that a victim was intoxicated at the time of the injury and their intoxication resulted in the injury.
Finally, insurance companies frequently argue that medical treatment is not necessary or that a victim has reached maximum medical improvement. In order to defeat these defenses, a written opinion by the victim’s treating physician is required. The opinion must state that further medical treatment is required.
Services Portner & Shure, P.A., Can Provide
The Workers’ Compensation process can be difficult, complex, and time consuming. Retaining a Silver Spring, MD workers’ compensation lawyer early on can simplify the process. The award-winning attorneys at Portner & Shure, P.A., will fight to get you the benefits you are entitled too in order to help you rebuild your life and career. Our professional staff fluently speaks English, Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Spanish.
To schedule a free consultation regarding your Silver Spring Workers’ Compensation Claim, contact us at or contact us online.
