Workers' Compensation

All Maryland employers are required to carry some sort of worker’s compensation protection for their employees. Employers generally have the option of purchasing worker’s compensation insurance from a private insurance firm, or to apply for self-insured status from the Worker’s Compensation Commission. All employees must have some sort worker’s comp protection, and employers could face criminal charges for failing to provide this protection. Basic worker’s compensation protection provides coverage for an employee who suffers an injury during the course of his or her employment. The personal injury could be the result of an accident or an ongoing condition that caused an injury. Worker’s compensation insurance may also cover diseases that were acquired on the job or during the course of employment.

Worker’s compensation insurance companies are often reluctant to pay an injured employer. These insurance companies typically retain experienced defense lawyers whose sole function is to find a way to deny your claim. Insurance companies have lawyers fighting for them and so should you. If you have been injured on the job and have a worker’s compensation claim anywhere in Maryland, contact a skilled and experienced Baltimore workers compensation lawyer. Maryland law provides that injured employees may receive up to two-thirds of their weekly salaries if they are found to be temporarily totally disabled. Temporary partial disability claims could earn an employee up to fifty percent of their weekly salary. If an employee can return to work in a different capacity but is not able to earn the same amount of compensation, that employee may still receive a payout.

Employees who become disabled due to an injury on the job may be entitled to receive payment for rehabilitation, and vocational training and education for another type of employment position. If the employee cannot achieve successful rehabilitation and cannot return to work, that employee may be entitled to achieve permanent disability benefits. Permanent disability claims in Maryland are calculated using a formula that takes into account the type of injury, the type of employment, and the age and earning potential of the employee. Permanent disability claims also are heavily influenced by disability ratings. Disability ratings are calculated by a medical doctor who has treated the injured employee or examined the employee’s case in detail.

Insurance defense lawyers will put forth a variety of defenses to prevent employees from receiving the maximum payout percentages. Insurance lawyers often may argue that the employee was not injured on the job, or that a preexisting condition caused the injury. Other defenses include that the employee’s injury is not serious enough to prevent a return to work or that the employee was actually an independent contractor. Under Maryland law, employers are not required to retain worker’s compensation coverage for independent contractors. Insurance companies and even employers have been known to advise their employees to file their own worker’s compensation claims. Do not make this critical mistake. Insurance companies want to payout the least amount of money as possible on a policy claim, and are not representing your interests. Your employers want to keep their insurance rates low and are also not representing your best interests. A skilled Baltimore workers compensation lawyer will represent your best interests, and knows how to take on the insurance defense lawyers. If you are injured on the job, hiring an experienced worker’s compensation attorney is the first step to recovering the compensation that you deserve. Contact The Herbst Firm at (410) 207-2598 if you have a worker’s compensation claim anywhere in Maryland.

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