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Workers’ Comp Injury In Maryland? Claim What’s Yours

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 and his personal injury attorneys in Maryland. They have the track record and know how to navigate the workers’ compensation claim process. You can’t afford to wait.

Call Bob Katz today to discuss your options: 1-888-540-2599.

How Can a Maryland Workers’ Compensation Attorney Help You?

If you have been injured on the job, it is important that you consult with a Maryland 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

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 independent contract 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 and 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.

Maryland Workers’ Compensation Law and 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.

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 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 D.C., 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

In short, the Maryland workers’ comp lawyers at Bob Katz Law have you covered front, back, and sideways. Their personal attention gives you the feel of a small law firm coupled with the vast resources of a large law practice, including:

  • 70 attorneys
  • 25 legal assistants
  • 7 language interpreters, for Korean, Spanish, and other languages

We have strength in numbers that will pay off for you! Call the Bob Katz Personal Injury Group today (1-800-540-2599) for your free and confidential consultation with an experienced workers’ compensation attorney.
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

Read Some of Our Recent Client Reviews!

UniversalSniping
UniversalSniping
02:32 04 Aug 18
The lawyer who was initially handling my case parted ways with the company and I was assigned a new lawyer. This new lawyer was amazing! Christina Franetovich made me feel secure by double checking all the facts and notes in my case so that I was not worried during this transition. I was on disability from an a different accident while she was finalizing my case, and I had called and hounded her about the time frame of my settlement very frequently to the point that I felt guilty for calling so much. Christina was very sympathetic to my situation and assured me that she would do everything in her power to make sure the situation would be resolved quickly. She actually finalized my case before the time frame she had given me, was always very courteous and knowledgable on the phone, and I feel extremely lucky that she ended up handling my case because the previous lawyer was not as amazing with customer service as Christina. She also has a way of making you feel comfortable and builds incredible rapport quickly. I am going to highly recommend her to my friends and family. Thank you Christina!!!
Andrea Barajas
Andrea Barajas
15:13 16 May 18
My husband and I were in a car accident in August 2017. We contacted Bob Katz team for legal representation in our case. Kristen A. Turner was our paralegal and she was excellent. It took 9 months for us to receive our settlement and Kristen kept us updated throughout this entire process. She was very kind and patient as I happened to have several questions. She always answered my questions promptly and thoroughly. I would highly recommend this firm and Kristen if you are in need of legal assistance.
Richard Hose
Richard Hose
02:26 27 Jun 18
On Feb 23, 2017 I was in a bad accident on the JFX. I had been rear end by another driver. Almost immediately I felt pressured by the other drivers insurance. Everything from wanting a recorded statement; to failing to acknowledge responsibility. No one would answer my questions, nor would anyone take responsibility. I was frustrated and overwhelmed with everyone from the towing company, to the repair shop, to the insurance company nightmare I just entered. I reached out to Attorney Robert Katz and I was assured they were here to help. He provided with some much needed information, and told me not to worry, Sarah his Paralegal would be in touch to help get things moving. Sarah reached out as expected and explained their process and walked me through what my expectations would be. She as well assured me they were here to help me navigate the obstacles. What Sarah really did was so much more than help. She took the stress and burden off my shoulders and assumed ownership for handling everything on my behalf. I knew what to expect, and I received regular updates throughout the entire process. Honestly, I received so much more than I anticipated. Some of the most frustrating items to chase after are medical records and hospital charges. While I was trying to recall events and timelines, she had already obtained my records and information. She made this process so painless. I truly cannot say enough about the exceptional service she provided. Many thanks for all your help. Sincerely, Richard Hose
Claudette Pope
Claudette Pope
13:18 30 Aug 18
I was referred to Gordon & feindblatt in 2014 when my family was in an accident, Mr. Katz personally consulted with me by phone and he was very polite and professional, Mr. Carpuso, one of the litigation attorneys even came out to our home and went over our case with us, he made sure all of our needs was addressed and before he left our home that day I felt like we were old friends. that case was settled and I was very pleased, I have used this law firm twice since then and the results are always the same, I have nothing but great experiences with Gordon & Feindblatt the staff are courteous and professional and they get the job done but the one in particular that really stood out for me is Rebecca Slattery, she is truly a gem, she is so compassionate, she walked me through the entire process, she even checked up on me from time to time just to see how I was feeling and I really appreciated her kindness. I will use this law firm again and again for any future legal issue that may arise and I would highly recommend Gordon & Fiendblatt to friends, family and co-workers.
TheOfficalCeeandDee
TheOfficalCeeandDee
15:24 09 Feb 18
My experience here was great. My lawyer Rebecca was so professional and I love her personality. She handled my case well and kept me updated and made the process easy and always made me feel comfortable to call whenever I needed to know anything.
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Location: Tysons

Chris Shin
Chris Shin
18:23 20 Jun 18
They were very polite, professional. and informed current status of the case time to time. Great Job !!!
Jonathan Roane
Jonathan Roane
22:51 17 Nov 17
If you ever need any assistance with an accident or injury-related claim this is the firm you need hands down. These are the most professional and caring people I have ever met in my life. Two people you should contact are Rebecca Slattery who was actually my paralegal and also Allan Serrano. You will be in good hands.
Israel Thompson
Israel Thompson
00:52 06 Dec 17
Attorney MR Bob Katz outstanding Human being, went beyond and above to help me during my accident, he showed me tremendous kindness and support.Thank you so much will highly recommend him to anyone who needs help with their auto accident
Marta Kritselis
Marta Kritselis
16:19 01 Sep 17
Rebecca Slattery the paralegal She took care my case and she was very helpful throughout the whole process. I highly recommend to my family and friend the services of Attorney Bob Kats and there team .
Myong Kim
Myong Kim
22:04 31 Mar 17
I am grateful to Bob and Justin Katz and their team for working hard to get me the most money. They were very professional and easy to work with in Korean. I will recommend them to friends and family any chance I have.
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