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What Is the Trial Work Period for Military Veterans?
If you are a disabled servicemember or military veteran, you might not realize that you could be entitled to receive disability benefits through Social Security as well as your benefits from the VA. A lawyer in Baltimore can guide you through the process of obtaining benefits. An attorney can also help you navigate the trial work period (TWP). During a TWP, you will continue to receive your full Social Security disability benefits even if you are working. The TWP was designed to allow disabled veterans to evaluate their ability to work without the risk of losing their benefits.
The TWP lasts for nine months within a 60-month time period. These trial work months do not need to be consecutive. A trial work month can be any month in which your earnings exceed a certain threshold. You are considered to be in the TWP for as long as you have a continued disability, as long as you report your work activity.
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Identifying Common Office Hazards
Workers’ comp law in Baltimore is a no-fault system. This means that an employee may be covered under workers’ compensation even if he or she made a mistake that led to the injury. However, it’s still important to take precautions in the workplace to protect yourself and reduce the possibility of having to file a workers’ compensation lawsuit.
When you watch this video, you’ll learn about some of the most common office hazards and how to eliminate them. This video identifies tripping hazards like cables, loose flooring, and recycling bins or other items placed in walkways. You’ll also get some tips on preventing falls from elevated positions. Unfortunately, not all accidents are preventable. If you do become injured, consider speaking with a workers’ compensation lawyer right away.
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Can I Receive Both Military Pay and Social Security Disability?
Wounded warriors may qualify for many different types of benefits, but it’s often difficult to navigate the red tape required to receive them. If you are an active duty or retired military servicemember, it’s in your best interests to consult an attorney in Baltimore, especially if you also qualify for Social Security disability benefits . Many servicemembers are unaware, for instance, that it is indeed possible to receive both military pay and Social Security disability payments.
You may have heard that receiving income other than disability benefits can disqualify you from receiving disability payments. But in fact, the determining factor for military servicemembers is the extent of the work activity, rather than the amount of military pay. This means that even if you’re on limited duty or if you’re working in a therapy program, it’s worth your time to apply for Social Security disability benefits with the help of an experienced attorney.
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The Recovery Process for Brain Injuries
A car accident in the Baltimore area can leave survivors with serious injuries such as traumatic brain injuries (TBIs), also known as concussions. If you sustained a concussion in a car accident, the most important step to take is to get plenty of physical and cognitive rest. There is no way to speed up the recovery process for this particular type of car accident injury . Healing takes time, especially for moderate to severe concussions, and trying to rush your recovery will only worsen your health.
Watch this video and consult your physician for more tips on recovering from this serious car accident injury. This expert explains that it’s important to refrain from stimulating activities, which include reading, texting, watching TV, and doing any other activities that involve screen time. She also explains what patients should do in the event they do return to activity too quickly.
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Common Questions About Workers’ Comp in Maryland
Workers’ compensation law in Baltimore and throughout Maryland requires most employers to provide coverage for their employees in the event of a workplace accident that results in injury. If you’re an employee, it’s important to understand your legal rights regarding workers’ comp . You can consult an attorney if there are any uncertainties about your right to receive benefits or about the process of filing a claim.
How should I report an accident?
In the aftermath of a serious accident, your first priorities should be your safety and health. However, it’s also crucial to report the accident right away. This is different from filing a workers’ compensation claim. If your company has established guidelines for reporting a workplace accident, you should follow them. Otherwise, contact your human resources representative or supervisor to report the incident. Be sure to get a copy of the written accident report.
Will workers’ comp cover all of my losses?
If you are eligible for workers’ comp, all of your related medical bills will be paid. This includes expenses for diagnostics, treatment, pharmaceuticals, and rehabilitation. You will also receive a portion of your lost wages following an unpaid three-day waiting period. However, if your doctor states that you are still not able to return to work after 14 days, your workers’ comp payments will retroactively include pay for those first three days.
The workplace accident was my fault. Am I disqualified from receiving benefits?
Not necessarily; workers’ compensation is a no-fault insurance system. Even if you made a mistake that led to the accident and your injuries, you can still receive benefits for your lost wages and medical expenses. However, intentionally self-inflicted injuries are not typically covered. Some claims may also be rejected on the basis of drug or alcohol use.
What happens if my claim is contested?
An employer or the workers’ comp insurance carrier may contest the claim. If this happens, the party will inform the Maryland Workers’ Compensation Commission of these objections in writing. The party will also likely inform you or your attorney directly. When a claim is contested, the Commission schedules a hearing.
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What Are Your Rights if You Are Permanently Disabled in a Workplace Injury?
You may already know that workers’ compensation can cover your medical expenses and some of your lost wages while you’re recovering from a covered workplace injury. But what happens if you become permanently disabled? Because every worker’s situation is unique, it’s best that you consult a workers’ compensation lawyer in Baltimore. Your attorney can review your case, discuss your legal rights and options, and answer any questions you may still have.
Workers’ Comp Eligibility
If you haven’t yet filed a workers’ comp claim, you can meet with an attorney to learn whether your injury is likely to be covered by workers’ comp insurance. If you’ve already filed a claim and it was denied, you should seek legal counsel promptly to discuss filing an appeal. Like other types of workplace injuries, a permanent disability can only be covered by workers’ comp if the injury was sustained during the course of the job. It may have occurred at the jobsite or elsewhere. For example, if you were driving a company truck and were involved in an accident, a permanent injury arising from that accident should be covered. Workers’ compensation is a no-fault system. This means that as long as you did not intentionally injure yourself, the injury should be covered regardless of whether you made a mistake that caused the accident. However, your permanent disability may not be covered if it can be proven that you were drinking or using drugs at the time of the accident.
Permanent Disability Benefits
In a few cases, a worker’s injury may be quickly categorized as being a permanent injury. For example, an incurable spinal cord injury can cause irreversible paralysis. In most cases, workers are not eligible for permanent disability benefits right away. They may still receive workers’ comp benefits during their recovery period. However, a worker isn’t considered to have a permanent disability until he or she has reached maximal medical improvement (MMI). MMI occurs when a physician determines that a patient is unlikely to improve further. At this point, if you still have lasting impairments, you may be eligible for permanent disability benefits.
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Can You Sue Your Employer Over a Workplace Injury?
In most cases, workers’ compensation law in Baltimore prevents employees from suing their employers because of a workplace injury. Workers’ compensation is designed to provide a no-fault way for employees to receive medical treatment and a percentage of their lost wages. However, workers’ compensation benefits do not extend to all workplace injuries and in some cases, it may be possible to have a workers’ comp lawyer file a lawsuit against the employer .
For example, an injured worker may sue the employer if the employer was legally required to carry workers’ comp insurance and failed to do so. Depending on the circumstances, it may be possible to bring a lawsuit against an employer who allegedly engaged in intentional or egregious conduct that resulted in the workplace injury. In other cases, a lawsuit may be filed against a third party. For example, a workplace injury might be caused by an outside vendor. If the injury is caused by a defective product, the product’s manufacturer might be named as a defendant in a product liability lawsuit.
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Talking to Your Teen About Safe Driving
The possibility of a car accident is one of the most common fears that parents of teens have when their kids begin learning how to drive. Watch this video to get some tips on how to keep your teen safe from car accident injuries and from the possibility of being named as the defendant in an accident injury lawsuit filed in Baltimore.
This interview with a car accident expert explains that studies show that parents generally do well when teaching their teens how to accelerate, park, and otherwise maneuver the car. However, parents also need to teach teens how to scan the road for potential hazards, judge the distance and speed of oncoming traffic, and drive in adverse conditions like bad weather and traffic jams.
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How Are Damages Determined in an Auto Accident Injury Case?
Compensatory damages comprise the monetary award that is intended to compensate a car accident victim for his or her losses. When you visit a car accident attorney in Baltimore to discuss your case, he or she will advise you to keep careful track of all of your expenses that stem from the crash. You should document these expenses so that your injury attorney can prove your losses in court.
Medical Care
A car accident lawsuit typically requests compensatory damages for the plaintiff’s medical expenses. Severe car crash injuries can result in exorbitant medical bills, which may include the cost of diagnostic testing, hospitalization, specialist consults, surgery, and other medical treatments. Damages can also include the cost of purchasing or renting durable medical equipment, co-pays for medications, and expenses for physical therapy sessions. Plaintiffs should save all medical bills and receipts.
Property Damage
Car repairs or the replacement of a totaled vehicle can be added to the amount of compensation sought by a car accident lawsuit. The plaintiff can either be reimbursed for the necessary repairs or paid the equivalent of the fair market value of the lost property.
Lost Wages
It is not uncommon for car accident victims to miss time at work because of the accident and their recovery. Plaintiffs should thoroughly document their lost wages in order to request full compensation. Sometimes, a plaintiff might also seek compensation for the loss of future earning capacity. This applies in cases in which the plaintiff is expected to be permanently disabled-either partially or completely.
Pain and Suffering
Accident injuries can result in significant physical pain for victims. Some of them may even develop chronic pain because of their injuries. A personal injury lawsuit may seek reasonable compensation for the plaintiff’s pain and suffering, which might be documented by medical records and prescriptions for pain medications.
Emotional Distress
In particularly severe accident cases, plaintiffs might have the grounds to seek compensation for their emotional distress. Emotional distress can refer to any psychological injury that resulted from the accident, such as post-traumatic stress disorder (PTSD), insomnia, depression, or anxiety disorders.
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Permanent Disability After an Auto Accident: What Are Your Rights?
Car accident injuries vary widely in their severity. In some cases, survivors are expected to suffer from permanent disabilities. If you’ve sustained severe injuries in a car accident in Baltimore, it’s time to contact an injury lawyer. Your attorney will need access to your medical records and related documents. Then, your injury lawyer will explain your legal rights and discuss your options for securing compensation for your permanent disability.
Filing a Car Accident Lawsuit
After a car accident, it’s common for survivors to secure compensation by filing a claim against the other driver’s insurance carrier. In the case of catastrophic injuries that lead to permanent disabilities, the settlement offered by the insurance company may not be enough to fully compensate you for your current and future medical expenses, lost wages and loss of earning capacity, and other losses. Instead, your injury lawyer may recommend filing a car accident lawsuit. Your lawyer might ask that an independent evaluator calculate the total damages, based on your work and earnings history, your anticipated future medical needs, and similar factors. A successful jury award or out-of-court settlement can give you the money you need to support your family and provide for your medical needs despite your inability to work.
Filing a Social Security Claim
In addition to filing a car accident lawsuit, you may be eligible to pursue Social Security disability benefits . Since these claims are often initially denied, it’s a good idea to let your injury lawyer handle your Social Security case right from the start. First, your lawyer will consider whether you meet the definition of disability under the Social Security eligibility rules. You can only recover disability benefits if you have a total inability to work and your condition is expected to last for at least one year or to result in death. If you meet this eligibility requirement, then your lawyer will consider whether your disability is on the list of disabling conditions and whether your disability interferes with basic work-related activities. These are all factors that will be considered when your disability claim is reviewed. Even if your claim is initially denied, you do have the right to file an appeal.
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