QUESTIONS & ANSWERS ABOUT WORKERS’ COMPENSATION IN MARYLANDWHAT WORKERS NEED TO KNOW ABOUT WORKPLACE INJURIES

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SO, YOU’VE BEEN HURT ON THE JOB…If you’ve been injured while working in Maryland, you might be wondering what comes next. Who should you report your injury to? What kind of medical attention should you be seeking? We hear many of the same questions from injured workers, so we’ve prepared a few general answers to some of the most commonly asked questions. Let’s get started.

I’VE BEEN INJURED ON THE JOB! WHAT NOW?

Notify your supervisor or company immediately. NOTE: It is extremely important to report the injury as soon as possible. Not doing so might prompt an insurance company to deny your claim. Make sure an incident report is done. An employer might forget or intentionally not fill out a report, leaving you without the documented report that you will need to receive compensation. Make sure to follow up with your employer and keep a copy of the report. See a doctor immediately. Even if you aren’t sure how badly you are injured, you should always seek medical attention. You might not realize right away just how serious the injury really is. Also, the longer you wait to see a physician, the worse it will be for the success of your claim. Record information about, or take note of, any witnesses to your injury.

Make a Maryland Workers Compensation Commission claim on an official Maryland Workers Compensation Commission claim form.

Call a lawyer familiar with workplace injury cases.

WHAT IF THE INCIDENT WAS MY FAULT?

Workers’ compensation law is categorized as being “no-fault,” meaning that you are still entitled to workers’ compensation benefits even if you were at fault. The program is designed to help workers who have been injured to receive payment while they cannot perform their jobs, and it is not contingent on determining who was responsible for the injury. Exceptions to this rule are 1) if you intentionally hurt yourself, 2) if you are under the influence, or 3) if you engaged in horseplay or misconduct.

AM I SUING MY EMPLOYER BY FILING A WORKERS’ COMPENSATION CLAIM?No. These claims are no-fault, and you are not necessarily implying that anybody did anything wrong. You are simply taking the benefits that are granted to you by law. Disputes may arise between you and your employer, or the insurance company, and these disputes might lead to more involved legal action, but it is important to remember that you are not suing an employer simply because you file a claim.

CAN I SEE ANY DOCTOR THAT I WANT?

Yes. In Maryland, injured workers are allowed to see a doctor of their own choosing, though this is not necessarily true in other states. It is typically best in the case of an on-the-job injury to go to an emergency room or urgent care facility immediately following the injury. Keep a copy of your records. If your injuries become covered by your workers’ compensation claim, then the costs of these medical bills will be paid by your employer or the insurance company that is providing coverage.

WHEN WILL I FIND OUT IF I AM COVERED?

The process of being compensated for injuries can be complicated, and there are many stages of a claim that might occur before you are actually covered. For example, you are NOT NECESSARILY covered just because:◦ You report your claim◦ Your employer reported your claim to the insurance company◦ The insurance company sent you a letter with a claim number◦ The insurance company starts paying medical bills and lost wages.

Even though these things might happen, your claim can still be disputed by your company, and you might end up not being covered. In some cases, waiting to find out if you are covered can be a very lengthy process.

WHAT SHOULD I DO TO MAKE SURE THAT I DO GET COVERED?

Review the steps listed under the first question, and make sure that you file a claim on an official Maryland workers’ compensation claim form with the Maryland Workers’ Compensation Commission. If your claim is disputed, it will be decided in court. At our firm, we see this happen in about 25 to 30 percent of the claims. If your claim is not disputed, then you will be covered.

WHAT BENEFITS WILL I RECEIVE IF I AM COVERED?

You are entitled to medical treatment for the rest of your life, or for as long as is reasonable and necessary. You are also entitled to lost wages, otherwise known as temporary total or temporary partial disability benefits. The insurer must pay you for any permanent impairment you have sustained. If the doctor says that you can’t go back to your job, you have a right to vocational rehabilitation and to be paid lost wages during this time period. NOTE: The longer you are actively receiving treatment from medical providers or missing work due to a workplace injury, the more likely it is that they will eventually begin disputing medical care and lost wages.

HOW CAN A WORKPLACE INJURY ATTORNEY HELP?

There are several reasons why we suggest you call an attorney if you are injured on the job.

◦ Some claims can be disputed by employers and/or insurance companies. It is often the case that they will have a team dedicated to doing what is in the best interest of the employer, including minimizing payments. It is best to have an advocate who will work on your behalf for your best interests.

◦ An attorney will be familiar with the process and the tactics that might be used by insurance companies.

◦ An attorney will make sure that you are treated fairly and that you are given compensation that truly reflects your injuries and lost wages.

WHERE CAN I LEARN MORE ABOUT WORKPLACE INJURIES AND WORKERS’ COMPENSATION?The Law Offices of Steven H. Heisler offer many resources on the topic of workplace injuries and workers’ compensation benefits. You can find out more about these topics:

◦ Workers’ compensation in Maryland◦ Construction worker injuries◦ Spine and back injuries◦ Other common types of workplace injuries

DO YOU NEED AN ATTORNEY?Steven H. Heisler, The Injury Attorney, can help you if you have suffered a workplace injury. Steve has been fighting for his clients for years to make sure that they aren’t taken advantage of by others.

No matter what stage of the process you are in, give him a call at 1-855-946-0479 or contact him through his website to learn more.

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