A: A workers' compensation claim must be filed within two years of your injury. Your attorney can help you collect all the data necessary to an effective claim.

Q: Can I handle a workers' compensation claim on my own?

A: Although you are not required to have an attorney, most people find an attorney very helpful. Legal counsel acts to level the playing the field between the employer’s insurer along with their attorneys and an individual injured worker. Most employees do not know their rights under Maryland workers’ compensation law, which puts your employer and the insurance company at a significant advantage.

If your doctor recommends treatment and the insurer refuses, we can get an order from the Maryland Workers’ Compensation Commission authorizing treatment. You do not have to go to a workers' compensation hearing or face an insurance carrier or go to a workers' compensation hearing alone. If you do not know all your rights, you could miss out on thousands of dollars in lost benefits. Choosing the right attorney is essential. We know your rights and will fight to ensure that you receive the all the benefits available to you.

Q: How much does a workers' compensation lawyer cost?

A: Attorneys’ fees are set and regulated closely by the Workers’ Compensation Commission. All fees are paid from any award that the injured employee may receive, and the injured worker does not have to pay anything up front to obtain the services of a lawyer.

Q: Do I need a workers' compensation lawyer? My employer says no. Is that true?

A: Do not listen to your boss in this case. It is difficult to know what to do when you have been injured on the job. You may get conflicting advice from your boss, the insurance company, co-workers, and even friends and relatives.

In many cases, especially when the insurer denies coverage, when the employer denies you were injured at work, or when your average weekly wage is in dispute, it is important to seek legal advice to ensure that you receive the all the benefits available to you.

Q: What benefits am I entitled to under Workers' Compensation?

A: The complete answer to that question depends on the facts of your case. The short answer is that you are entitled to medical care related to the injury and a tax-free benefit to compensation for your lost wages or a permanent injury.

Workers’ compensation benefits can include not only the payment of temporary total or temporary partial disability benefits to compensate the injured worker while missing time from work, but may also include an award for permanent partial disability after the worker has completed medical treatment.

Additional benefits may include vocational services should the employee be unable to return to normal duties at work. These vocational services can provide, among other things, assistance with finding a job and/or training to learn a new occupation, and are provided at the expense of the employer and their insurance company, should an employer be unable to accommodate an injured worker with permanent restrict

Workers’ compensation wage benefits are two-thirds of average weekly wages up to a set maximum. You need to be sure that your average weekly wage is properly calculated so that benefits are accurate. r

An injured worker is entitled to medications, medical treatment, and transportation expenses for visits to a health care provider.

Whether your work injury was caused by a single industrial accident, by the job requirement to lift something heavy or by repetitive stress, you have a right to medical treatment and wage loss payments.

Q: Do I have a personal injury claim against my employer? Can I sue my company if I have been injured at work?

A: No, in most cases, workers’ compensation benefits are the only form of relief available from an employer. However, if someone other than your employer, such as a co-worker, was partially or completely responsible for the accident that caused your injuries, you may have grounds for a separate action. Our lawyers can review your case and explain your legal options.

Q: What if my claim has been denied? What should I do now?

A: Appeal. Many injured workers receive a notification of denial and automatically assume that their case is closed. Maryland law allows you to contest the decision. Our attorneys have been successful in representing hundreds of workers following the denial of a claim.

Q: Can I be fired for filing a workers’ compensation claim?

A: No. Maryland law prevents employers from retaliating against employees and terminating a worker’s employment due to a workers’ compensation claim. Unfortunately, that does not mean that your employer may not fire you and cite another reason or no reason at all, since Maryland is an at-will employment state. If you suspect your workers’ compensation claim was the true basis for your termination, it is important to obtain the services of an attorney immediately to determine your rights and fight back.

Q: My spouse was killed in a workplace accident. Do I have grounds for a death claim and how can I file that claim?

A: Yes. Under the Maryland Workers’ Compensation Act, families of workers who die from an occupational disease or are killed on the job are entitled to seek certain death benefits, including a specified amount for funeral expenses. We can review your case and explain the benefits that may be available for you and your children.

Q: Can I get workers’ compensation benefits while on a Family and Medical Leave Act leave of absence?

A: Yes. Family Medical Leave Act is a separate federal law that protects a qualified worker from losing employment while out of work for a specified time period. Workers’ compensation benefits extend even if Family Medical Leave Act is depleted or if an injured worker does not qualify for the benefit.

Q: What is a stipulation with request for award?

A: A stipulation with request for award means both sides agree on a particular finding by the Workers’ Compensation Commission without a need for a hearing.

Q: Are there statutory limits for workers’ compensation?

A: Yes, there are limits to various disability benefits. The Maryland Workers’ Compensation Commission website provides information on these limits, but they may be hard for many people to understand. We urge you to call us if this issue may be applicable in your case.

Q: Can I file a claim for workers’ compensation if I have two jobs and was injured while working at one of them?

A: Yes, but if you were injured and receive benefits through one job, you usually cannot be working at another job at the same time. Individual cases differ, so please check with an attorney for clarification on this matter.

Q: I own my own business and have no employees. Am I covered by workers’ compensation?

A: Yes, if you insured yourself through a workers’ compensation insurer. As the owner of a business, you may elect to cover yourself through workers’ compensation insurance just as an employer would do for you. Contact an insurer for clarification.

Q: Are there fees for changing lawyers in a workers’ compensation case?

A: If you decide to change lawyers in a workers’ compensation case, the Maryland Workers’ Compensation Commission will apportion an allowable fee among the lawyers. There are no additional charges for changing attorneys.

Q: Will workers’ compensation cover my medical bills?

A: Yes. In Maryland, workers’ compensation does cover the cost of all necessary medical treatment resulting from your work injury.

This includes:

Physical therapy

Physicians’ bills

Hospital bills

Crutches, artificial limbs and other apparatus

Prescription medications

Q: Can I choose my own doctor?

A: Yes. Unlike some other states, Maryland allows injured workers to select their own medical professionals. Your employer, or your employer’s insurance company, cannot force you to see a specific doctor or give you a list of preapproved doctors to choose from.

Make sure to tell your doctor that you were injured at work. You will want to make sure your medical bills are sent to your employer’s insurance company, not to you or your private medical insurance provider. You will also want to make sure your work injuries are well-documented.

Q: Are there restrictions on medical costs?

A: There is no cap limiting the amount of costs that are covered under workers’ compensation. There is a limit on how much doctors and other health care providers can charge.

The Maryland Workers’ Compensation Commission sets the rates that doctors can charge for their services. Doctors are only paid by workers’ compensation insurance carriers up to this limit. If a doctor charges more than the rate determined by the commission, he or she cannot bill the injured worker for the difference. Be aware that not all physicians accept Workers’ Compensation Claims due to the regulated fee guide. As a result, since there is a limited number of physicians who accept such claims, it is wise to speak to an attorney familiar with the physicians in Maryland.

The content of this site does not form an attorney client relationship and not decision should be made without retaining an attorney. © Bruce Lamb, 2019