Baltimore Workers Compensation Lawyer

Baltimore Workers Compensation Lawyer at Bob Katz Law

Are you feeling conflicted or confused about a Maryland or Baltimore work-related injury or illness? Could this injury end your career? Have you filed for workers’ compensation benefits? Are you worried your citizenship status may preclude you from making a workers’ compensation claim? You need Bob Katz Law and his personal injury attorneys in Maryland. They know how to navigate the workers’ compensation claim process. You can’t afford to wait.

How Can a Baltimore Workers’ Compensation Attorney Help You?

If you have been injured on the job, it is important that you consult with a Baltimore workers’ compensation attorney. The Bureau of Labor Statistics reports that each year, almost 3 million persons are injured on the job. Over 50 percent of these injuries are serious enough that they require the employee to take time off from work or restrict their work duties.

In order to be eligible for workers’ compensation benefits, you must:

• Be an employee of an eligible employer.
• Have suffered an injury that arose out of or in the course of your employment. This means that the injury occurred while you were working on duties that were part of your job.
• If the injury is an illness, it must be an “occupational illness.” This means that the illness must be caused by the nature of the job.

If you meet the above criteria, you may be eligible for workers’ compensation benefits, including:

• Reimbursement for lost wages
• Temporary total or partial disability benefits
• Permanent total or partial disability benefits
• Medical and hospitalization expenses
• Rehabilitation expenses

Workplace injuries in Maryland fall into four classifications: temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability. Most injuries fall into the following classifications:

Some of the most frequent injuries are:

• Overexertion
• Slip and fall
• Tripping
• Being hit by a falling object
• Machine entanglement
• Injuries resulting in amputation
• Vehicle accidents
• Injuries from repetitive motion
• Injuries caused by co-workers

Why Choose a Baltimore Work Injury Lawyer at Bob Katz Law

When dealing with a work injury, having the proper legal support can make a huge difference. Your lawyer will be able to precisely determine the worth of your claim and formulate a winning strategy for securing benefits. We believe a work injury lawyer from Bob Katz Law is your best choice due to the following reasons:

1. Team of Trusted Legal Professionals: At Bob Katz Law, we have an experienced and dedicated legal team, so every angle of your case is covered. This ensures that you get the most thorough and effective legal strategy possible.
2. Your Interests Come First: At our injury law firm, it’s all about you, our client. Our client-first approach means that your needs and concerns are always our top priority. We keep you informed every step of the way and make sure you understand what’s happening with your case and what to expect next. It’s about making the benefits-claim process as stress-free as possible for you.
3. Globally Recognized Excellence: Bob Katz Law isn’t just known locally, but we’ve earned a nationwide reputation. We are part of prestigious groups like America’s Top 100 Attorneys, Million Dollar Advocates Forum, and Maryland Super Lawyers. 
4. Proven Track Record: Over the years, we have recovered over $500 million for our clients. That’s not just a number but proof of our ability to win cases and secure fair compensation. While every case is unique and may give a different outcome, this track record of proven results shows that we know how to handle a wide variety of situations and secure a fair outcome.
5. Decades of Experience: We have several decades of combined legal experience under our belts. We know which strategies work for different cases. This knowledge helps us to confidently litigate even the most complex injury cases with skill.
6. Multilingual Support: We aim to lift the barrier of language while pursuing justice. Our legal firm offers support in Spanish, Korean, and Chinese languages so that you can communicate effectively and understand every detail of your case. This approach ensures everyone gets quality representation regardless of language background.

At Bob Katz Law, our lawyers and support team have decades of experience and have obtained millions of dollars in recovery for our clients. If you have suffered injuries at the workplace, enlist the help of a Baltimore work injury lawyer to help you pursue justice. Your situation requires professional handling to ensure that neither your employer nor the insurance provider can take advantage of you.

Workers’ Compensation Eligibility in Maryland: A Three-Step Test

One of the most common questions that we receive from injured workers regards whether or not they are eligible for workers’ compensation. Although eligibility questions can involve complicated details, eligibility can be thought of generally as a three-step test. If each of the steps is satisfied, it is likely that you are eligible.

• Step 1: Your employer must have workers’ compensation insurance. In Maryland, this step is generally satisfied because all employers are required to obtain workers’ compensation insurance from a licensed insurance company. Failure to obtain workers’ compensation is a criminal offense.
• Step 2: You must be a qualifying employee. Maryland workers’ compensation law only protects employees. Independent contractors are not covered and are generally not eligible for workers’ compensation. In determining whether a relationship is an employer-employee relationship or an independent contractor relationship, the Maryland Department of Labor and Maryland Courts will look at the “economic reality” of the employment relationship. A signed agreement stating that the employee is an independent contractor is not, by itself, sufficient to make an employee an independent contractor. Determining whether a worker is an employee or an independent contractor can be one of the most complex parts of the workers’ compensation process.
• Step 3: The injury must be work-related. To be eligible for workers’ compensation benefits, an injury must “arise out of the employment.” This means that the injury must be 1) caused by a job-related task or requirement or 2) caused or contributed to by an event or exposure in the workplace environment.

What If My Employer Has Denied My Claim?

Employers may deny a claim for workers’ compensation benefits. The most common reasons for this are that the employer believes the worker is an independent contractor or that the injury did not arise from the employment.

If an employer denies benefits, the employee has the right to a hearing before the Workers’ Compensation Commission. This includes the right to be represented by a Maryland workers’ compensation attorney at the hearing. An attorney will be able to identify the best arguments for eligibility and apply Maryland law to the specific facts of your case.

Accidents Happen

Even with the best Baltimore workplace safety practices and the most careful employees, accidents still happen. That’s why employers are legally required to provide workers’ compensation insurance. If you suffered an injury while on the job, you’re entitled to compensation. Most employees are eligible for benefits regardless of:

• Occupation
• Size of business
• Duration of employment

Workers’ compensation isn’t only for full-time salaried or hourly-paid employees. Most benefits cover most workers, including:

• Minors
• Non-citizens
• Part-time employees

Workers’ Compensation Law & Insurance Companies

When an employee is injured on the job, the first step is filing a workers’ compensation claim. Although an attorney is not required for this step, it is encouraged. Filing paperwork incorrectly or not quickly enough can result in delay or denial of workers’ compensation benefits. A Maryland workers’ compensation attorney can help you file all of the necessary paperwork and help you throughout the workers’ compensation claim process, including taking your claim to court if that is necessary.

Many people believe that if they file a claim correctly, they will receive the compensation they deserve. However, this is often not the case. When the employee files a claim, the employer’s insurance company, not the employer or the Workers’ Compensation Commission, is the one who pays the claim. It is in the best interest of the insurance company to pay as little as possible.

If the insurance company disputes a claim, that claim will likely proceed to be heard by the Maryland Workers’ Compensation Commission. Although a Workers’ Compensation Commission hearing is less formal than a trial, the insurance company will have attorneys there to present their case in the best possible light. In order to receive the compensation you deserve, you should have a workers’ compensation attorney looking out for your best interests, too.

How Much Is My Work Injury Accident Claim Worth?

Determining the value of a work injury accident claim involves looking at several factors that vary significantly from case to case. It is hard to determine the value of your claim without looking at some elements of your claim, such as:

Extent of Injuries

The severity of injuries sustained in the workplace plays a key role in determining the value of your claim. This is how your injuries determine the value of your claim:

• Soft tissue injuries: These are sprains, strains, and minor bruises. They are less severe with less discomfort, requiring less physical therapy or other treatments. Claims for soft tissue injuries generally have lower values but can still be substantial depending on the circumstances.
• Complex injuries: This category includes broken bones, dislocations, and injuries that require surgery. Complex injuries often involve longer recovery times and more extensive medical treatment, which increases the claim’s value.
• Severe injuries: These are life-altering injuries such as brain injuries, spinal cord injuries, or amputations. Severe injuries usually result in the highest claim values due to their profound impact on the victim’s life and long-term prognosis.

Pain and Suffering

These are injuries that greatly alter one’s life, causing intense pain, emotional pain, and inability to enjoy life as before. Pain and suffering damages might be available in a third-party negligence claim. For instance, wrongful death claims might attract higher claim values to compensate the surviving family members for the emotional pain after the loss of their loved one. While this aspect of the claim is subjective and difficult to quantify, your attorney will consider this as one of the critical components in achieving fair compensation.

Medical Expenses

Medical expenses are a significant component of the value of your claim. This includes:

• Current medical costs: All bills related to emergency room visits, hospital stays, surgeries, medications, physical therapy, and any other treatments you’ve received since the injury are calculated to make part of your claims value.
• Future medical costs: If your injury requires ongoing medical care, rehabilitation, or future surgeries, these anticipated expenses will also be factored into your claim. Therefore, you need to document and project future medical needs accurately to ensure comprehensive compensation.

Lost Wages

Lost wages account for the income you’ve lost due to your inability to work while recovering from your injury. Basically, this includes the immediate loss of income from the time of the injury until you can return to work. 

Additionally, your lawyer will include the future lost income if the accident makes you unable to perform your job well or requires you to take a lower-paying position. If this is the case, you will be entitled to compensation for the reduction in your capacity to indulge in a gainful activity.

Fault & Negligence

The degree of fault and negligence is a key factor to consider while determining the claim’s worth. If the employer or another person’s negligence caused the injury, you might be entitled to considerably higher compensation. 

However, if you are found partially at fault, you could forfeit your ability to seek damages. Your lawyer will help establish clear evidence of fault and negligence to help maximize your claim’s value.

Maryland Workers’ Compensation Law & Preexisting Conditions

The presence of a preexisting condition can complicate a workers’ compensation case. In Maryland, the presence of a pre-existing condition does not bar a disabled or temporarily disabled employee from compensation. Rather, the compensation is reduced to reflect only the amount of the disability that results from a workplace injury.

In instances where an employee believes that their entire disability is the result of a workplace injury, an insurance company may argue that some of the disability is instead the result of a preexisting condition. This could result in the employee receiving less compensation than they deserve. A workers’ compensation attorney can help an injured employee make the best case that their disability is the result of a workplace injury.

Maryland law also provides that employees can recover workers’ compensation for a preexisting condition that was made worse because of job activities. Insurance companies are likely to deny these claims; however, a workers’ compensation attorney can help an injured employee to show that the preexisting condition was aggravated so that they can get the compensation that they deserve.

What is the Average Settlement for a Work Injury Accident in Baltimore, MD?

Determining an average settlement for a work injury accident is challenging, as each case is unique and influenced by various factors. However, your lawyer has a way of helping you enjoy a glimpse of what you expect from your workers’ injury claim.

The best way is to look at the national averages. According to the National Council on Compensation Insurance (NCCI) data, the average cost for all workers’ compensation claims combined for accidents that occurred in 2020-2021 was $41,7571. Here are some more specific insights:

• Motor vehicle crashes: The lost-time workers’ compensation claims that result from motor vehicle crashes while at work average $89,152 per claim.
• Amputations: Claims involving amputations are among the highest, averaging $126,033 per claim.
• Head or central nervous system injuries: These injuries average $94,285 per claim.
• Burns: Claims involving burn injuries average $52,222 per claim.
• Fractures, crush, or dislocation Injuries: These injuries average $62,240 per claim.
• Neck injuries: These injuries average $65,659 per claim.
• Injuries involving multiple body parts: These injuries average $62,257 per claim.

These national averages provide a general understanding of how much each claim in Baltimore may cost. Each work injury case in Baltimore, MD, will be unique, and we recommend consulting with an attorney who will look at all pertinent details in seeking a fair and accurate settlement.

Bob Katz Law Baltimore Workers Compensation Lawyer helps victims inside Maryland, and our firm is conveniently located near you. We have an office in Baltimore at 1001 Fleet St Suite 525, Baltimore, MD 21202. Find us with our GeoCoordinates: 39.2841097472434, -76.59946847149862.

What Benefits Are Available to Injured Workers in Maryland?

Maryland offers a comprehensive workers’ compensation system designed to support injured workers through various benefits. These include the following: 

Medical Services and Treatment

One of the primary benefits available to injured workers is coverage for medical services and treatment. This includes:

• All necessary consultations with general practitioners and specialists.
• Any surgical procedures required due to the workplace injury.
• Costs associated with inpatient care.
• Rehabilitation services to aid in recovery.
• Medications prescribed to manage pain or facilitate healing.
• Crutches, wheelchairs, or other medical aids needed during recovery.
• Tests such as MRIs,  X-rays, and other tests to diagnose and monitor injuries.

Long-Term Benefits

For injuries that transform into long-term or permanent consequences, Maryland’s workers’ compensation system provides a plethora of benefits. These benefits include:

• Permanent Total Disability (PTD) for workers who suffer a permanent impairment that renders them unable to work again. 
• Temporary Total Disability (TTD) benefits if the workers are completely unable to return to any form of employment due to their injury. This benefit becomes effective after 14 days of disability, although expenses incurred within the first 14 days are also covered.
• Temporary Partial Disability (TPD) benefits if the injured worker cannot work at full capacity. You’ll get benefits equal to two-thirds of your average weekly paycheck, but not more than the week’s average pay in Maryland.
• Vocational rehabilitation which entails assistance with job retraining or education if you can’t return to your previous occupation. These also include prosthetic limb costs and wheelchair expenses.
• Death benefits in case of a fatal workplace injury.

Lost Wages

If you’re forced to miss work because of an injury, you can usually get lost wages as compensation. These benefits typically keep coming until you’re all clear to go back to work.

The goal of these lost wages benefits is to ensure you continue to have financial support while you recover. The duration and amount of these benefits are determined by the specifics of your situation, including the extent of your losses and your earnings before the accident.

What Happens After I Reach MMI in MD?

After reaching MMI in Maryland, your case will typically be evaluated to determine the extent of any permanent impairment or disability. Maximum Medical Improvement (MMI) is the stage at which your medical condition has stabilized, and no further significant improvement is expected. 

This is why personal injury attorneys often recommend waiting until you reach Maximum Medical Improvement (MMI) before considering a settlement. At this juncture, they have a clearer understanding of the injury’s impact on your life, allowing them to reassess your benefits accurately. 

With this evaluation, your attorney can move settlement discussions or litigation forward more effectively to resolve your claim fully. Therefore, achieving MMI is key as it delineates the long-term effects of your injury and what compensation to seek.

Claiming What You Are Due

Your employer must follow specific steps after an injury happens in the workplace. This is where it can get complicated for you. You can do all the right things, but your claim may still be denied. That’s why Bob Katz Law is available to step in at any point in your workers’ compensation claim process. Your attorney will be beside you to:

• Interpret your state’s benefit laws in Maryland, Washington, DC, and Virginia
• Recommend reputable medical providers convenient for you
• Ensure the timely filing of mandatory claim forms that your employer might not readily tell you about
• Fight for your maximum rightful benefits

Read More About Workers Compensation Legal Topics: 

“Potential-Risk” Test and the “Coming and Going” Test in Maryland Workers’ Compensation Claims

Social Media Investigations and Personal Injury Claims

Maryland Workers’ Compensation Law and Occupational Diseases

Workers Compensation Claims and Scientific Evidence in Maryland

Understanding Work-Related Injuries and Fatalities in Maryland

When to Hire a Personal Injury Lawyer

Workers’ Compensation Cases We Handle:

• Baltimore Construction Accident Lawyer

Other Personal Injury Cases We Handle:

• Wrongful Death Lawyer Baltimore
• Baltimore Slip and Fall Lawyer
• Baltimore Dog Bite Lawyer
• Baltimore Brain Injury Lawyer
• Catastrophic Injury Lawyer Baltimore County
• Car Accident Lawyer Baltimore
• Baltimore Motorcycle Accident Lawyer
• Baltimore Pedestrian Accident Lawyer
• Rideshare Accident Lawyer Baltimore Md
• Baltimore Truck Accident Lawyer
• Baltimore Bus Accident Lawyer
• Maryland Premises Liability Attorney
• Baltimore Burn Injury Lawyer
• Maryland Pool Injury + Drowning Attorney

Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso