-
Don’t Let These Workers’ Compensation Myths Interfere with Your Rights
Workers’ compensation provides invaluable protection for employees, but it isn’t generally well-understood. It’s often confusing for injured workers to navigate the claims process and determine if they’re being treated fairly or not. This is why it’s advisable for Baltimore-area workers to contact a workers’ compensation law firm. During a consultation, a workers’ compensation attorney can help injured workers find out the truth about the claims process.
Myth: Part-Time Employees Aren’t Covered
Part-time employees typically miss out on work-related benefits such as retirement plans and health insurance, but they are covered under workers’ compensation. However, as your workers’ comp attorney can advise you, independent contractors and freelancers are not covered.
Myth: Workers’ Compensation Only Covers Medical Bills
Your workers’ compensation attorney can help you with the claim for your medical coverage. The insurance carrier must pay for diagnostic tests, hospitalizations, and medical treatments, provided they arise directly from your on-the-job injury. However, workers’ comp also covers other losses. It will not pay the full amount of any lost wages you incurred during your recovery, but you should be eligible to obtain a portion of them. Income replacement benefits are available to workers who miss more than three days of work. If you miss more than 14 days of work, you can receive payment for the first three days of work in addition to the subsequent work days.
Myth: The Insurer’s Decision is Final
In some cases, the workers’ compensation insurance carrier may deny a claim. Claims may be denied if an injury is suspected of being caused intentionally or if it is thought that the injury did not arise out of the course of employment. Receiving notice of a denied claim does not automatically mean that you are liable for the medical costs, however. You have the right to hire a workers’ compensation attorney to file an appeal and represent you at the hearing.
Myth: Workers’ Compensation Only Offers Temporary Benefits
Workers’ comp does offer temporary disability benefits, but in the case of a catastrophic injury, long-term benefits may be available . Generally, you will be asked to undergo a medical evaluation to establish the nature and extent of your disability.
““
-
A Look at the Most Common Dangers in the Workplace
Employers are responsible for following OSHA guidelines to maintain a safe work environment. Even in a generally safe work environment, however, accidents can sometimes occur. If you sustain injuries at your job in Baltimore, a workers’ compensation attorney can help protect your legal rights. An accident attorney can ensure that you follow the necessary protocols to receive workers’ compensation benefits. In the event that your initial claim is denied, a workers’ compensation attorney can file an appeal on your behalf.
Repetitive Use Injuries
Many jobs require repetitive movements, such as bending and lifting, twisting and turning, and reaching and grabbing. Whether you work in a cubicle or on an assembly line, you could be at risk of repetitive use injuries. These can include carpal tunnel syndrome, back muscle strain, disc herniation, and tenosynovitis. While repetitive use injuries may not always be visible to the naked eye, they can be just as debilitating as a serious acute injury. Repetitive use injuries may lead to missed time at work and reduced quality of life. With the help of an attorney at law, you can obtain the benefits you need to rehab your injury.
Machinery Injuries
If your job requires you to use heavy machinery, your employer should have trained you to use this machinery safely. Your employer should also provide the necessary safety equipment, which may include safety goggles or face shields. Despite taking these precautions, workers may still suffer from serious injuries from machinery malfunctions or other problems. These types of injuries can range from minor lacerations to accidental amputations. Talk to your attorney if you think you may need to file a permanent disability claim in the wake of a serious injury.
Falls
Falls are another danger common to many workplaces . Falls may occur in cluttered hallways or aisles while carrying heavy objects, or while navigating a ladder or scaffolding. They can cause traumatic brain injuries (TBIs), bone fractures, internal trauma, and many other serious medical problems. After sustaining serious injuries in a fall, you may be out of work for quite a while.
-
How Your Degree of Disability Affects Your Workers’ Compensation Claims
If you’ve been hurt while on the job, a workers’ compensation attorney can help you obtain the compensation you’re entitled to receive. Your workers’ compensation law firm serving Baltimore may file a temporary or permanent disability claim on your behalf, depending on the results of your medical examination. Whether or not your disability is expected to be permanent directly influences the amount of compensation you might receive.
For instance, as your workers’ compensation attorney can advise you, you may receive up to two-thirds of your average weekly wages while you are on temporary total disability. However, this compensation is subject to a maximum limit of 100 percent of the average weekly wage in Maryland. If your workers’ compensation lawyer files a claim for a temporary partial disability, it means that you can still perform some work duties and so your compensation will be adjusted accordingly. For a permanent total disability, Maryland workers may receive two-thirds of their average weekly pay, subject to the maximum limit of the state’s average weekly wage.
-
Advice for Staying Safe on the Job
If you or someone you love has been hurt on the job, it is important to consult with a workers’ compensation attorney near Baltimore right away. A workers’ compensation attorney can ensure that your legal rights are protected and that you get the compensation you deserve for the harm you have suffered. Of course, the best way to avoid personal injury at work is to protect yourself as much as you can. Read on for some helpful tips that can help you learn how to stay safe while you are at work.
Use Safety Equipment
Equipment is crucial to workplace safety, so make sure to wear personal protective equipment when it is provided. Protective equipment may include goggles and face protection and gloves to prevent burns, chemical absorption, or temperature extremes. For physical laborers, hard hats should be worn to safeguard against falling objects. Remember, a workers’ comp attorney can only help if you follow all of your employer’s instructions.
Avoid Needless Repetition
Some jobs, including agricultural labor, make it almost impossible to avoid repetitive physical tasks. Unfortunately, repetition can lead to a temporary disability claim or even a permanent disability claim due to back, neck, or shoulder injury. Whenever possible, try to alternate tasks. If you work at a desk, get up from your workstation frequently to avoid even sitting in the same position for too long. If your work involves physical labor, try to alternate which arm you use to support or lift a heavy weight, and never bend down to pick up heavy objects.
Take Short Breaks
Whenever possible, take short breaks to avoid injury. Microbreaks that allow you to pause frequently are often more effective than taking a fifteen minute break every couple of hours. Short breaks should involve walking and stretching. Back and neck issues are some of the most common workplace injuries. By giving your muscles time off, you can effectively relieve stress on the neck, back, and shoulders.
-
What Types of Claims Can You File After a Workplace Injury?
If you have been injured at your workplace, your first step should always be to contact an experienced workers’ compensation attorney near Baltimore . Workers’ compensation attorneys who have experience with state workers’ comp laws are best equipped to help you understand your legal rights and make sure you are properly compensated for your injury. Employees who suffer personal injuries are entitled to be paid for medical expenses, time missed from work, loss of future wages, and pain and suffering. Depending on your injury, you may qualify for different benefits. For example, temporary disability means you will be able to work, but not at your full capacity. You may also completely recover from your injuries but be temporarily unable to work. Permanent disability means you are unable to work again and will be allotted compensation for your living expenses. Your workers’ compensation attorney will help you determine the kinds of benefits you qualify for and will fight to ensure you get the money you deserve. Get started by finding a reliable attorney at law!
-
Increasing Awareness of On-the-Job-Injuries
A workers’ compensation attorney near Baltimore helps injured workers file claims when they suffer work-related injuries. According to a BLS 2012 report, the most common work injuries resulting in days off were sprains, strains, and tears, as reported by BusinessInsider.com . By far, the most common of these injuries were back injuries, which result from overexertion in lifting or lowering.
Musculoskeletal problems
The musculoskeletal system supports the body’s movement through bones, joints, muscles, tendons, and ligaments. Common workplace injuries workers’ compensation attorney handles involving the musculoskeletal system include bursitis, carpal tunnel syndrome, and muscle strains. The most common muscle strains affect the neck, upper back, lower back, and shoulders. One way for workers to help prevent these kinds of injuries is by creating a more comfortable and efficient workstation. For example, the computer monitor should be directly in front of the user, with the top of the screen positioned at eye level.
Falling object injuries
Workers on construction sites are prone to fall object injuries, but office workers may also need to consult with a workers’ compensation lawyer for falling shelf injuries. Preventing these kinds of injuries requires employees to be diligent and employers to keep the work environment free of hazards. On construction sites where falling object injuries are more likely to occur, employees should be equipped with proper personal protection gear. If the employer does not provide this equipment and a worker suffers an injury, the worker should consult with a workers’ compensation law firm.
Overexertion injuries
Overexertion injuries relate to pulling, lifting, pushing, and carrying work objects. Not only are these kinds of injuries the most common for a workers’ compensation attorney, but they are also the most expensive. To prevent these injuries, workers need to avoid working in an awkward posture, which places too much stress on the lower back. Additionally, workers should limit the amount of weight they carry and keep tools in working condition. Workers may also suffer overexertion injuries from repetitive jobs, which don’t provide enough time for muscles to recover from muscle tension. These motions can also increase stress levels, which cause muscles to tense.
-
A Brief History of Workers’ Compensation Laws
Regardless of the circumstances surrounding your workplace injury, you are entitled to obtain a workers’ compensation attorney near Baltimore . If the injuries prompting your claim are severe enough to permanently alter your lifestyle or ability to work, your workers’ compensation attorney will advocate for your right to receive proper medical care and benefits. In pursuing a workers’ compensation claim, it’s a good idea to become familiar with the laws and history surrounding the workers’ compensation program.
Adoption in the United States
The current United States workers’ compensation program owes its origins to Germany. Known as Sickness and Accident Laws, Chancellor Otto von Bismarck of Germany enacted the first modern workers’ compensation laws in 1884. The United States adopted workers’ compensation programs in the 1910s, which was a significant event in the country’s economic, legal, and political history. Workers’ compensation programs were quickly adopted throughout the country, with only six states not participating by 1921.
Alteration of previous system
Prior to states adopting workers’ compensation laws, the only way for injured workers to recover medical expenses, lost wages, and other damages was by proving employer negligence. Doing so was typically a long, costly, and uncertain process, especially as workers did not meet with a workers’ compensation lawyer. Employers often used contributory negligence as a defense, which precluded workers from collecting any damages if they contributed in any way to the accident. Other times, an employer could successfully raise an assumption of risk defense to limit the injured worker’s ability to collect compensation.
Creation of state program
Workers’ compensation is a state run insurance program, so injured workers should consult with a workers’ compensation lawyer in their states. In the early 1900s, there were very few social programs in the United States. Additionally, the federal government considered social insurance and welfare to be a state matter. The only discussion of creating a federal program was in 1908, but this discussion was limited to federal workers. In the late 1980s and early 1990s, the country witnessed a wave of reforms aimed at reducing costs for employers.
-
Exploring Types of Workers’ Compensation Claims
Employers in Maryland are legally required to provide workers’ compensation insurance for their employees. This means that if you’ve suffered an injury or occupational disease during the course of your work, you can seek the help of a workers’ compensation attorney near Baltimore. Your workers’ compensation attorney can help you file a temporary or permanent disability claim.
Temporary Partial Disability
Your lawyer can help you request temporary partial disability benefits if you are not completely disabled and you are expected to recover. This type of workers’ compensation claim may be right for you if you’ve suffered a minor injury or mild occupational disease. During your recovery, you’re expected to perform part-time or limited duties. Since this will reduce your wages, you may be entitled to receive compensation to replace some of your lost income , in addition to compensation for medical expenses related to the health condition. Your workers’ compensation attorney can let you know how much money you may be entitled to.
Temporary Total Disability
If you are expected to recover from your occupational disease or injury, yet you cannot work at all during this time, you can file for temporary total disability benefits. Bear in mind that you will no longer be considered disabled when you return to your job duties in some capacity, even if you haven’t reached your pre-injury level of health. Alternatively, a healthcare provider may determine that you have obtained maximum improvement.
Permanent Partial Disability
Far too often, workers suffer work-related injuries and diseases that permanently disable them to some degree. Filing this type of workers’ compensation claim does not mean that you will receive workers’ compensation benefits for your lifetime. The length of time you’ll receive benefits depends on the severity of the injury and the body part that was injured. For example, you can receive benefits for 100 weeks if you’ve lost your thumb or the use of your thumb.
Permanent Total Disability
If your physician determines that you will never be able to return to work in any capacity as a direct result of the occupational disease or injury, your workers’ comp attorney serving Glen Burnie can help you file a permanent total disability claim. This type of claim is reserved for those who have suffered the most serious of injuries, such as the complete loss of limbs, eyes, hands, or feet.
-
Injured at Work? How to Protect Your Workers’ Compensation Rights
All employees have certain rights. Unfortunately, many employees aren’t quite clear on what those rights actually are. If you’ve been injured on the job or you’ve been diagnosed with an illness that you suspect is related to your job, you should contact a workers’ compensation lawyer as soon as possible. An attorney at law can advise you of your legal rights and explain workers’ compensation guidelines in your state. Additionally, your personal injury attorney can help you navigate the claims process.
Get Medical Help
One way you can protect your workers’ compensation rights is to seek medical attention promptly. This is especially important if you’ve suffered a serious injury. If possible, before heading to the hospital, check with your company’s human resources department. Your company’s workers’ compensation insurance policy may require that you go to a hospital or doctor initially within a certain network. Otherwise, coverage may be denied. However under Maryland law you can meet with any doctor you choose. When consulting the doctor, explain precisely how your work responsibilities led to your injury. If your physician instructs you to avoid certain activities at work while recovering or to avoid work entirely for a period of time, obtain these instructions in writing.
Follow Your Doctor’s Discharge Instructions
It’s important to follow your doctor’s discharge instructions carefully. If you fail to do so, your employer may try to claim that you’re purposely sabotaging your recovery to avoid work.
Submit Written Notification of the Injury
Each state has different guidelines regarding deadlines for written notification of the injury. You can check with your workers’ compensation attorney to be sure that you’re submitting written notification in a timely manner. Submit written notification of the injury to your supervisor, company nurse, or human resources manager.
Prepare an Accident Report
Have your supervisor prepare an accident report or do so yourself if the supervisor refuses. The report should include details about your injury and how it occurred. Be sure to keep a copy of the report for your records.
Submit a Workers’ Compensation Claim
Your workers’ compensation attorney can help you file a claim for benefits. Once the claim is approved, you will be paid up to 2/3rds of your lost wages if you need to miss time at work tax free to recover from your injury.
-
Types of Workers’ Compensation Claims
The regulations regarding workers’ compensation are highly complex. If you’ve been injured on the job, it’s advisable to work with a workers’ compensation attorney near Baltimore who has extensive experience handling these matters. As your workers’ compensation attorney can explain to you, there are different types of claims, depending on the category of disability you have. A temporary partial disability involves the restriction of your abilities. You may be able to perform some of your job duties, but not all of them. In addition, your doctor expects that you’ll be able to return to full capacity at some point. Or, you might file a temporary disability claim on the basis of temporary total disability, which means you are currently unable to fulfill any of your job duties.
Your workers’ compensation attorney might file a permanent disability claim for you on the basis of partial disability. This means that the disability is expected to last for life, yet it only prohibits you from performing part of your job duties. A permanent total disability is one that prevents you from returning to your job or to a similar job for life. In addition to filing a claim for benefits to replace lost wages, your attorney can help you obtain medical benefits to cover your healthcare.
RECENT POSTS
categories
- Uncategorized
- Worker's Compensation
- Attorney Fees
- Auto Accident Injury Whiplash
- Attorney Review
- Personal Injury
- Social Security Disability
- DUI
- Workplace Injuries
- Auto Accident
- Workers Compensation Claims
- Permanent Disability
- Infographic
- Drunk Driving
- Wrongful Death
- Works in Maryland
- Uninsured Motorists
- Motorcycle Crashes