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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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Returning to Work After a Workers’ Compensation Claim
Workers’ compensation is an invaluable benefit for injured employees who need medical treatment and time off from work. In most cases, employees are able to return to work once they are sufficiently recovered. The doctor who is handling your workers’ compensation injury in Baltimore will let you know when you are cleared to return to work and whether you will need any workplace modifications. If you have any concerns about returning to work, you can consult your workers’ compensation attorney .
Making Notifications
Ask your workers’ compensation lawyer about whether you are legally required to make any notifications about your change in work status. You or your attorney may need to notify your employer’s workers’ comp insurance carrier and the Workers’ Compensation Board.
Receiving Wage Loss Benefits
It is possible for an injured employee to return to work before he or she is completely recovered. If this applies to you, then the doctor who handles your injury case will let you know if you must work shortened hours, avoid certain activities, or make any other adjustments to your work situation. Because of these modifications, you may be earning a reduced wage than you were before the injury occurred. If so, you may be entitled to continue to receive some workers’ comp benefits. Continuing benefits after returning to work is known as receiving wage loss benefits or reduced earning benefits.
Continuing with Medical Treatment
Some workplace injuries require long-lasting medical care. If you must continue with physical therapy or take medications, or if you require any other type of medical care because of a workplace injury, then you will still receive medical benefits. Medical treatments that stem from covered injuries are paid for entirely by the workers’ comp insurance carrier. You can also request reimbursement for travel expenses to and from medical appointments. Additionally, if you must miss some time from work to go to medical appointments, you may be eligible for benefits for “intermittent lost time.”
Reopening Your Case
There can sometimes be discrepancies between what a doctor says you are capable of and what you’re actually capable of. If, after returning to work, you find you cannot fulfill the demands of your workplace, you should consult your attorney promptly. It may be possible to request changes to your job, ask for a short-term position, or extend your period of disability and collect full benefits again.
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What Injuries Qualify for Workers’ Compensation Claims?
Have you been told that your injury might not qualify for workers’ compensation ? If so, it’s time to talk to a workers’ compensation lawyer in Baltimore. Your attorney can review your case to determine if you are eligible to file a workers’ comp claim. First, your workers’ compensation lawyer will check your type of employment. If you are an actual employee, rather than an independent contractor, then you should be covered under your employer’s insurance carrier.
Next, your lawyer will consider whether your injury or illness arose out of the course of your employment. It isn’t always necessary for an injury to occur at the worksite. For instance, if John drives a delivery truck and is responsible for unloading heavy crates at the destination, then a back injury from lifting those crates did indeed arise out of the course of his employment and so it would be covered under workers’ compensation. Another requirement of workers’ comp is that qualifying injuries cannot have been intentionally caused by the claimant. For example, if John intentionally drives the delivery truck into a utility pole for the purpose of filing for workers’ comp, his injuries would not be covered.
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Recovering from Whiplash
If you’ve recently been involved in a car accident in the Baltimore area, it’s important to seek prompt medical care for your car accident injuries. Some of these injuries, such as whiplash, may not be immediately apparent after the crash. Keep a written list of symptoms as they develop to share with your injury lawyer. Be sure to follow all of your doctor’s instructions for recovering from your car accident injuries.
You can get some helpful tips on recovering from whiplash when you watch this video. It explains the benefits of keeping a positive attitude and staying physically active while healing. Of course, you’ll need to avoid strenuous activities and activities that aggravate the neck. Instead, take a stroll around the block or enjoy some gentle swimming to support your body’s health while you heal. Some whiplash patients may be prescribed medications to minimize the swelling and pain.
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A Look at Independent Medical Exams in Workers’ Comp Cases
Workers’ compensation cases are not always cut-and-dry. In fact, your claim might even be initially denied. To improve your chances of successfully obtaining the workers’ comp you’re entitled to receive, you can speak with a workers’ compensation lawyer in Baltimore. Your workers’ compensation attorney will guide you through each stage of the process, including the independent medical exam.
Purpose
The word “independent” can be somewhat misleading, as an independent medical exam is not necessarily conducted by a neutral medical provider. Often, the exam is arranged by a worker’s employer or the workers’ comp insurance carrier. You may be required to have this exam if there are any lingering questions or disputes about your injuries. In some cases, attorneys request that their clients undergo a second independent medical exam to counter the results of the first one. During your exam, the doctor will seek to determine the following:
- Was your condition diagnosed correctly?
- Was your condition caused by the workplace?
- To which extent are you impaired?
- Do you need work restrictions?
- Can you return to work and if so, when?
- Do you require further testing or treatment?
Preparation
Before the exam, take a few minutes to review your medical history. It’s a good idea to bring detailed notes about the diagnostic tests and treatments you’ve had, the medications you took and are currently taking, and the symptoms and functional limitations you’re experiencing. This last type of information is particularly important; write down each of your symptoms and limitations, no matter how insignificant they may seem. Bring any medical devices you’re using to the appointment and give yourself plenty of time to get there.
Examination
When answering the provider’s questions, be polite, respectful, and honest. Avoid exaggerating your pain and other symptoms, but also avoid downplaying them. You can expect to discuss the workplace accident in detail. Workers’ compensation is a no-fault system, which means it doesn’t matter if you made a mistake that contributed to the accident. The most important information the medical provider will glean from this conversation is whether your injury was indeed work-related or not.
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Reducing the Risk of Lifting Injuries at Work
Lifting injuries are some of the most common types of injuries acquired in the workplace . If you’ve already sustained a workplace injury, you can contact a workers’ compensation lawyer in Baltimore for help obtaining workers’ comp benefits or filing a workers’ comp lawsuit. In the meantime, watch this featured video to learn how to lift heavy objects properly and reduce the likelihood of encountering workers’ comp issues in the future.
This video features a chiropractor who demonstrates how to stand close to the heavy object, bend at the knees, and keep the back straight before firmly grasping and lifting the object. He stresses the importance of never rotating the trunk while lifting or carrying objects; instead, turn your whole body. Following these simple guidelines can greatly reduce the stress on your lower back and prevent orthopedic injuries.
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Can You Seek Compensation for Scars Caused in an Auto Accident?
Car accident injuries range considerably in severity and type, but many of them have the potential to cause long-lasting or permanent disfiguration. If your doctor expects you to have permanent scars from your car accident injuries, be sure to inform your injury lawyer of this development. When filing an accident injury lawsuit in Baltimore, your lawyer may seek compensation for your permanent disfigurement.
After you recover, you might consult a cosmetic surgeon to discuss procedures that can help minimize your scarring. It’s important to keep track of all of your expenses pertaining to the disfigurement, including surgeon consultation fees and operating costs. Your lawyer may be able to recover compensation to cover these costs for you. Permanent disfigurement can also be a factor in seeking damages for psychological injuries. You might consider visiting a mental health counselor or psychologist. During a trial, these types of expert witnesses might testify regarding your psychological injuries that have resulted from your permanent disfigurement.
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How Do Air Bags Work?
If you become involved in a car accident in Baltimore, the presence of air bags in your car can help save your life and prevent serious injuries . Today, some late model vehicles prevent car accident injuries by housing air bags not only in front of the driver, but also behind the glovebox door, roof, front center area, and side of the car. These air bags of varying sizes serve to cushion the impact of a crash.
When you watch this video, you’ll hear a little about the evolution of air bags and exactly how they work to prevent car accident injuries. This expert explains that air bags rely on solid fuel, which is ignited when the car’s crash sensors detect a sudden deceleration. The ignition of the fuel triggers gases to inflate the air bags in about 35 milliseconds. Unfortunately, as smart as air bags are these days, they can’t prevent all injuries from a crash. An injury attorney can help you deal with the aftermath of an accident.
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Signs of Workers’ Compensation Rights Violation by Employer
For many employees, their workers’ compensation rights and responsibilities are not well understood. The regulations can be complicated and confusing, and they vary from state to state. If you have sustained an on-the-job illness or injury, you should know that you do have the right to visit a workers’ compensation law firm in the Baltimore area. You can have a workers’ compensation attorney review your case and provide personalized guidance. It’s particularly important to consult a workers’ compensation attorney if you feel that your employer may have violated your legal rights.
You Have Not Been Advised of Your Legal Rights
Employers are required by law to post a notice of compliance in a conspicuous place where employees could reasonably be expected to see it, such as in a break room. The notice must provide information about employee rights, disclose the name of the company’s workers’ compensation carrier, provide information about the available workers’ compensation benefits, and inform injured workers that they have the right to receive medical treatment. Advise your attorney at law if your employer has not complied with this requirement.
You Have Not Been Provided with Claim Forms
After an injury occurs in the workplace, employees must report the incident right away. Within 24 hours of the incident being reported, the employer is required to provide the injured worker with claim forms and written information about the employee’s workers’ compensation rights. The written information must include details about filing a claim and the available benefits. The failure of an employer to do this is an indicator of employee rights violations.
You Have Been Treated in a Discriminatory Fashion
Employees are protected by law from retaliatory actions initiated by their employers. This means that after you report an incident and file a claim for compensation, employers are barred from initiating discriminatory actions against you. Inform a workers’ compensation attorney promptly if you feel that you have been the recipient of retaliatory acts in the workplace. Some examples of retaliatory acts include being unfairly demoted, having hours or wages cut, being unfairly reassigned to a position of lesser value, or being unfairly terminated.
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What Do Your Workers’ Compensation Benefits Provide?
If you sustain an injury while on the job, there’s no need to delay medical care because you’re concerned about sky-high hospital bills. If you’re an employee, rather than an independent contractor, you may be covered by workers’ compensation. A workers’ compensation attorney at a personal injury law firm can help Baltimore residents understand their benefits. Workers’ compensation will cover the full cost of medical bills related to the injury or illness. This includes diagnostics, in-hospital treatments, and medications.
Your workers’ compensation attorney can also help you recover a portion of your lost wages with a temporary disability claim if you are unable to work because of your injuries. In most cases, workers’ compensation carriers will pay about two-thirds of your average salary to compensate you for missed time at work. In some cases, injured workers may even receive rehabilitation and job retraining benefits. For instance, your injury may prevent you from performing your former job, but you may still be retrained to perform a different type of work.
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