Workers Compensation

The Cumberland-Times News reports that a new state bill that focuses on firefighters’ workers’ compensation claims has been met with opposition from Frederick County commissioners who are in fear of the increased costs. Under existing Maryland law, rescue workers can receive compensation for various ailments, such as hypertension or heart disease. The new piece of legislation would add five cancers to the list of diseases linked to firefighting, allowing workers to file workers’ compensation claims for these specific diseases.

Supporters of the bill highlighted medical research which essentially has shown that firefighters are at an increase risk for certain types of cancers. For example, according to University of Cincinnati research, firefighters are twice as likely to develop testicular cancer and also have an increased chance of contracting non-Hodgkin lymphoma, brain cancer, and multiple myeloma. The proposed state bill would also add breast cancer to the list of diseases thought to be job-related.

Firefighters and the groups representing them praise the bill, as it fulfills an obligation to those who inhale soot, diesel engine exhaust, and harmful chemicals while protecting the community. However, county commissioners in Maryland assert that the scientific research merely establishes “tenuous connections” between firefighting and the specific cancers listed in the bill, arguing that the state may be paying out for diseases not actually linked to occupation.

State legislative analysts also believe the bill would notably increase local expenses, though actual costs have not been determined. Next, the bill will be examined by the Senate Finance Committee.

Workers’ compensation is a system established to help MD workers who have become ill or injured while on the job, but due to existing laws a worker may not receive the compensation they deserve. For assistance with your workers’ compensation claim, contact a knowledgeable Annapolis workers’ compensation attorney at the law firm of Alpert Schreyer, LLC. Call (800) 489-1577 for a free case evaluation.

According to Businessinsurance.com, a part-time bailiff for the Baltimore City District Court was denied workers’ compensation, or workers’ comp, for a car accident that occurred during working hours. The man arrived to work one day in June of 2006 only to realize he was wearing a Christmas tie, which did not comply with the court’s dress code; specifically, bailiffs are required to wear a light or dark blue tie. Later that morning, after also spilling coffee on his shirt and tie, the man had gone home to change his clothes. On the way back to the courthouse, a truck collided head-on with his vehicle. The crash caused the worker to be hospitalized for a month due to the serious work-related injuries he endured.

The MD worker applied for workers’ compensation benefits because he was required to change his clothing for work, and he was driving back to his place of employment at the time of the accident. The Maryland Workers’ Compensation Committee initially granted the workers’ comp benefits to the injured worker, but the Circuit Court for Baltimore County later reversed the decision, largely because the man’s clothes-changing commute fell under Maryland’s “going and coming rule.” This rule excludes workers from receiving benefits if they are injured while leaving or returning to their workplace. In addition, the decision was also made because the bailiff did not receive permission from his supervisor to leave work.

This decision was unanimously upheld by the Maryland Court of Special Appeals on February 9.

Though a Maryland worker who is injured on the job may know they have a valid workers’ compensation claim, receiving benefits is not always simple as the complex rules surrounding workers’ comp may leave a worker with no benefits at all. The skilled Waldorf workers’ compensation lawyers with Alpert Schreyer are committed to helping injured workers receive the compensation they need to get back on their feet after a work-related injury. For a free consultation with a member of our legal team, call (800) 489-1577.

According to a report by the Claims Journal, a new study conducted by the Workers’ Compensation Research Institute (WCRI) shows the recession has had little impact on MD workers’ compensation costs per claim. The study reveals that despite recessionary pressures, there has been modest growth of workers’ compensation indemnity costs per claim in the state.

Indemnity costs per claim is defined as the payments for lost wages, loss of earning capacity, or permanent impairment or disability, and the WCRI reports that it grew four percent per year from 2007 to 2009, giving the MD system a competitive advantage relative to other states. WCRI found evidence that other states did in fact have a potential recessionary impact, such as an increase in the duration of temporary disability.

The Institute’s study claims that during a recession, the expectation is to see wage growth and injured workers returning to their jobs slowly because there are fewer available jobs; however, neither is the case in the state of Maryland. To illustrate this point, the average period of temporary disability remains stable and the percentage of workers’ compensation claims for more than a week off from work changed very little, indicating “scant evidence of slower return to work.” In addition, WCRI found that medical costs per claim in MD were the lowest of the 16 states that were included in the study. The overall growth in medical costs per claim from 2004 to 2009 in Maryland was also the slowest among the states examined.

This study may come as excellent news to Maryland workers, but unfortunately, receiving workers’ compensation benefits can sometimes be difficult and an injured worker may not get the full amount he or she is entitled to for recovery. If you are a MD worker who has been injured on the job and is having problems with a workers’ comp claim, the Annapolis workers’ compensation attorneys with Alpert Schreyer can help you get the benefits you deserve. To speak with a member of our law team for a free consultation, call (800) 489-1577.

As Part Two of our three-part blog series on Maryland workers’ compensation, this blog will focus on explaining the types of workers’ compensation benefits.

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who become injured or ill on the job. Each state has varying laws and guidelines for workers’ compensation, such as what types of employee injuries qualify for the distribution of workers’ compensation and how much is payable to the injured or ill worker. The state of Maryland also has specific guidelines for what kinds of benefits can be issued under the Maryland Workers’ Compensation Act.

The following is list of benefits that may be provided under workers’ comp as explained by the Maryland Workers’ Compensation Commission:

• Wage reimbursement: An employer is required to reimburse an employee for lost wages due to time spent being examined by a physician at the request of the employer or being unable to attend work as a result of a workplace injury or illness.
• Medical/hospitalization: An employer must provide benefits to aid with medicine, hospital or nursing services, medical or surgical treatments, prosthetics, or medical apparatuses such as crutches.
• Vocational rehabilitation: When an eligible employee becomes disabled from performing work they were previously able to do, they are entitled to vocational rehabilitation services. Training can last up to 24 months and can include vocational counseling or job placement.
• Death and funeral: If an employee who became deceased due to an occupational disease or injury had dependents, the employer is required to provide certain death benefits and funeral expenses to aid the dependents and family members.
• Permanent total or partial disability: Workplace injuries may leave a worker either totally or partially disabled, and payments are distributed by the employer for these types of debilitating injuries.

Any worker who has suffered a workplace injury or illness can file a claim with the Workers’ Compensation Commission; however, simply because you file a valid claim does not mean it will be approved and you will receive compensation. Any Maryland employee who is involved in a workplace accident would be well advised to seek advice from the knowledgeable workers’ compensation lawyers in Waldorf and Bowie at the law office of Alpert Schreyer. We will fight to get you the compensation you deserve so you can move past the devastation of an on-the-job injury. Please call (800) 489-1577 for a free consultation.

Workers’ compensation is a system in which an employer must pay, or provide insurance to pay, lost wages and medical bills for an employee who is injured on the job or is suffering from a work-related illness. With very few exceptions, every employer in the state of Maryland is required to provide workers’ compensation coverage for their employees. Workers’ comp and its regulating guidelines can be quite complex. The following is Part One in a three-part blog series on Maryland workers’ compensation. This blog will cover how to report and file a claim as well as what benefits a worker is entitled to so as to help Maryland employees who have endured an occupational-related illness or injury.

How do I report a workplace accident and file a claim? Any workplace accident should be reported right away to your employer or immediate supervisor. If the injury is severe enough where an employee may be unable to work for a period of time and may need workers’ comp coverage, a claim must be filed by filling out an Employee Claim Form and mailing it to the Maryland Workers’ Compensation Commission (WCC). In most situations, employees who have suffered a workplace injury have only 60 days from the date of injury to file a claim with the WCC. In the case of an occupational disease, a claim must be filed within 2 years. If an employee fails to report a claim with the WCC, often the claim will be barred and benefits to the injured worker will be denied. An experienced workers’ compensation attorney can help to ensure that your claim is protected from the date of the injury until the date of the claim’s conclusion.

When and what benefits would I be entitled to? An employee who has missed 3 days of work due to their work-related injury or illness is eligible for income replacement. Benefits will be paid as long as the employee is unable to work because of the accidental injury, or until you reach maximum medical improvement. Also, any medical bills associated with the injury, such as medical bills, prescriptions, or physical therapy, are covered by workers’ compensation insurance up to the limits established by Official Maryland Workers’ Compensation Medical Fee Guide.

An employee who has endured a workplace injury and is trying to recover deserves compensation, but when a claim is denied, seeking legal counsel is often one’s best option to get the benefits they are entitled to. Workers’ compensation and its regulating guidelines can be quite complex which is why one of the best ways to ensure your rights are protected is to hire an attorney experienced in Workers’ Compensation law. The workers’ compensation attorneys in Waldorf with Alpert Schreyer have years of experience handling these types of cases and can help you win your claim. Please call (800) 489-1577 for a free consultation.