Maryland law gives you certain protections when you have suffered an injury either on the job or related to your employment. Your employer is obligated to maintain Workers’ Compensation insurance that should cover your medical expenses and part of your lost wages. However, what should happen in theory is often different than what occurs in practice. Workers’ Compensation claims can be difficult cases because they involve an insurance company with a profit motive. You are better off seeking legal help in filing a Workers’ Compensation claim, and you should certainly have a lawyer if you run into any issues.

What Types of Injuries May Qualify Me for Workers’ Compensation Benefits?

Workers’ Compensation benefits cover situations in which you have suffered any type of job-related injury. Of course, this includes physical injuries that you suffer as a result of a one-time accident.

There are other types of job-related injuries that could result in benefits, including the following:

• Overuse injuries, such as musculoskeletal issues or carpal tunnel syndrome
• Severe job-related stress or emotional distress, although you cannot seek Workers’ Compensation benefits from “traditional” stress, such as making deadlines
• Occupational illnesses that result from exposure to hazardous substances

You can expect a difficult challenge from the insurance company when there is an injury that may not be easily tied to your job duties, or has manifested itself over time. Insurance companies are more likely to deny claims that they are not able to see clearly documented on paper in front of them. 

What Are Workers’ Compensation Benefits in Maryland?

Workers’ Compensation benefits are intended to pay you for economic costs related to your injuries. First, a successful Workers’ Compensation claim means that reasonable and necessary medical care associated with the treatment of your injuries is covered by the insurance company. Second, Workers’ Compensation benefits are also intended to compensate you for part of your lost wages, up to the amount of a statutory limit.

Workers’ Compensation claims do not give you the same amount of compensation that you would receive in a successful personal injury lawsuit. You do not receive non-economic damages, such as pain and suffering and emotional distress. As a result, your Workers’ Compensation lawyer will first review your case to determine whether you have a potential personal injury claim against a third party, since you cannot sue your employer in a negligence-based claim. 

What Are the Different Types of Disabilities in the Maryland Workers’ Compensation System?

There are four primary types of disabilities that can lead to Workers’ Compensation benefits. They are as follows:

• Temporary total disability describes a situation in which you have suffered an injury in the short term that leaves you completely unable to work. This is often the most common scenario that you are facing when you file your initial Workers’ Compensation claim, before you are deemed to have any type of permanent injury.
• Temporary partial disability is when you may have some ability to work, but your injury leaves you unable to fully perform the duties of your job. Typically, you would receive half of the difference between your earnings prior to your injury and what you are able to make in light of your current condition.
• Permanent total disability is when the results of a medical examination have found that you are no longer able to work because of your injury. You are paid two-thirds of the weekly wage that you were earning prior to your injury for as long as you are disabled, which can be for the rest of your life.
• Permanent partial disability is when you maintain some ability to work, but you are no longer able to perform the full duties of your job. Here, your compensation depends on the disability rating that you would receive as a result of a medical examination. 

What Happens if My Workers’ Compensation Claim Has Been Denied?

The insurance company may deny your claim for a number of reasons, including the following:

• The injury that you have suffered was not related to your job.
• You are still able to fully work, even in light of your condition.
• Your injury was a pre-existing condition.
• You engaged in some type of intentional misconduct.
• You did not follow requirements, such as notifying your employer of your injury.

The insurance company does not get the final say over whether you are entitled to Workers’ Compensation benefits. You may be able to either negotiate a settlement with the insurance company, or persuade them that they made a mistake in denying your claim. You can also file an appeal with the Maryland Workers’ Compensation Commission. An administrative law judge would determine whether the insurance company made a mistake or wrongfully denied your claim.

My Workers’ Compensation Benefits Have Been Approved; What Happens Now?

Approval of your Workers’ Compensation claim does not eliminate any potential future issues. Your benefits will continue, so long as you are injured and unable to fully work. However, the insurance company may deem you ready to return to work at a certain point in time, albeit even if it is only on light duty. They may direct you to attend an independent medical evaluation, and the end result of this examination may be a determination that you can return to work. You may need to fight this finding if you believe that you are still injured and unable to work.

You may also experience ongoing issues regarding approval of the medical care that you need, and for which the insurance company is obligated to pay. They may deny claims for care, claiming that they are not medically necessary or that they result in an unreasonable cost. Depending on the circumstances and the care that you need, you may need to file an appeal to force the insurance company to cover the care. 

Should I Accept a Workers’ Compensation Settlement?

There is no lifetime cap on the amount of Workers’ Compensation benefits that you can receive under Maryland law. As such, you may have a motivation to negotiate a settlement agreement that pays you all of the benefits that you would have received on a lump-sum basis.

Although there is a temptation to take all of the money that you can get now, and it may make sense in your circumstances, you should be very careful about accepting a Workers’ Compensation settlement. You may be leaving money on the table because you completely sign away your rights to any further payments from the insurance company. Not only will this include your lost wages, but also it encompasses medical payments that you need for your care. Nevertheless, it may be in your best interest to accept a settlement, and a Workers’ Compensation attorney can negotiate it on your behalf.

Howard County Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Will Help Secure Your Benefits

If you have been injured on the job, the Howard County Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton are here when you need us. Our experienced legal team will help you navigate the claims process and secure the benefits for which you are entitled. For a free consultation, visit our website or call us today at 800-547-4LAW (4529). We have offices in Baltimore and Owings Mills, MD, and we serve clients in the surrounding areas. 

 

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