Maryland Workers’ Compensation Attorneys
Recover Fair, Complete Benefits for Your On-the-Job Injury or Occupational Illness
Have you been injured while on the job or diagnosed with an occupational illness? You are entitled to receive payment for your injuries and financial support as you recover. Unfortunately, many workers do not fully realize their rights under Maryland workers’ compensation laws and fail to receive fair payments from employers and insurance companies looking to shortchange them.
To learn more about your rights after a workplace injury, call us at (301) 812-4777 and receive a no-cost consultation.
How Can Alpert Schreyer Poe, LLC Help Me?
At Alpert Schreyer Poe, LLC, our Maryland workers’ compensation lawyers are dedicated to helping injured workers receive the fair, complete compensation that helps them heal properly and return to work without severe financial harm. We have a reputation for success in these complex cases, utilizing decades of litigation and trial experience and our considerable resources and manpower to seek the best possible result for every client.
Some of our workers' compensation victories include:
- Our attorneys argued before The Maryland Worker’s Compensation Commission and increased our client's workers' comp from $85,000 to over $315,000 for a shoulder injury.
- Our firm mediated a $335,000 settlement for a warehouse employee who was injured in a forklift accident, suffering back injuries.
If you are out of work for more than three days and need medical care, it is imperative that you speak with a Maryland workers’ compensation attorney from our firm right away! The best way to ensure your rights are protected is to have a legal advocate fighting on your behalf.
Does My Injury Qualify for Workers’ Compensation?
The legal guidelines concerning workers’ compensation benefits are in the Maryland Occupational Safety and Health (MOSH) Act. Under the MOSH Act, workers who have suffered work-related injuries and illnesses can be paid benefits, as long as their injuries fall within specific guidelines.
To qualify for workers’ compensation:
- You must be an employee.
- Your injury must have arisen “out of and in the course of employment.”
- Occupational illnesses must be caused by the nature of your job or work environment.
An injury that arises “out of” employment is one that occurs while the worker is doing the work he or she was hired to do, according to the Maryland Workers’ Compensation Commission. An injury that arises “in the course of” employment looks at the time, place, and circumstances of the injury. For instance, an injury that takes place in the office during normal work hours is likely to be considered “in the course of” employment, but an injury that takes place while the worker is putting in voluntary overtime while sitting in a local coffee shop may not.
In addition, an injury must also be an “accidental personal injury” to be covered. Intentionally-inflicted injuries may not be covered by workers’ compensation, whether the worker intentionally inflicted them on him- or herself or they were intentionally inflicted by another person. However, workers who were intentionally injured by another may have the ability to file a civil lawsuit and/or pursue a criminal claim against the intentional injurer.
Understanding workers’ compensation coverage and benefits can be confusing. If you or someone you love has been injured on the job, the dedicated attorneys at Alpert Schreyer Poe, LLC are here to help. We have the knowledge and experience to ensure you receive the benefits you are entitled to.
Maryland Workers’ Comp Benefits
Workers’ compensation benefits in Maryland are meant to cover the various losses that result from being seriously injured while on the job. The goal is to keep workers from suffering major financial loss while being injured, unable to work, and in need of medical care.
If you qualify for workers' compensation, you may be entitled to the following benefits:
- Medical Treatment/Hospitalization – Workers’ comp will pay for hospital and nursing services, crutches and other medical apparatuses, medicine, and artificial limbs, if you required these after your on-the-job incident.
- Wage Reimbursement – Time lost at work due to injury or while completing required medical examinations and workers’ comp commission hearings is reimbursed.
- Temporary Total Disability – If you are completely unable to work, but your injuries will heal, you will be paid for this “healing period.”
- Temporary Partial Disability – If you are able to work, but your injuries prevent you from being able to fulfill all of your duties for a limited amount of time, causing you to earn less, benefits will pay 50% of the difference between your average weekly earnings and what you receive while disabled.
- Permanent Total Disability – You can receive benefits for permanent injuries that prevent you from ever returning to work.
- Permanent Partial Disability – A permanent injury that partially impairs your ability to work will result in weekly payments. Different types of injuries are entitled to different amounts of compensation for different lengths of time.
- Vocational Rehabilitation – If your injuries prevent you from returning to your field of work, benefits will pay for vocational rehabilitation for up to 24 months, which will give you new work skills compatible with your disability.
While you may not need all of these benefits depending on the extent of your injuries, fully understanding the scope of your losses and what you will need to recover is vital in gaining full and fair compensation.
Workers' Compensation Commission Hearings
If you have permanent injuries, miss extended time at work, or your employer is disputing whether an injury occurred, then it is likely that you will need to present your case in front of a Commissioner at a Maryland Workers’ Compensation Commission hearing. Attorneys for the insurance company and employer are skilled at using the Maryland Rules of Evidence and knowledgeable about limiting your rights at these hearings. Unless you are represented by a skilled lawyer, it is unlikely that you will be successful in protecting your rights.
Do not fight this battle alone. An experienced attorney will better understand the goals of the people who oppose you and whether you have made case-jeopardizing mistakes. Together, we can find success and begin the path to recovery and a successful career.
Frequently Asked Questions About Workers’ Compensation in Maryland
What is Workers’ Compensation?
Workers’ compensation insurance provides payments for workers who are injured “on the job” in Maryland. Employers pay for the insurance coverage, and the insurance company pays for medical bills and part of an employee’s lost wages if an on-the-job injury prevents that employee from working for more than three days. Workers who are partly or totally disabled by an injury may also receive workers’ compensation benefits to replace part of their lost income.
What Types of Injuries Are Covered by Workers’ Compensation?
An injury is covered by workers’ compensation if it “arises out of and in the course of employment,” according to Maryland law. These definitions include injuries caused by third parties. For instance, if you are at work and are injured by a defective product made by a company other than the one you work for, you may still be eligible for workers’ compensation benefits. You may also be able to file a product liability claim against the maker or seller of the product that injured you.
Can I Get Compensation for My Medical Bills?
Workers’ compensation will pay the medical costs of treating your workplace injury or illness, as long as it meets the “arising out of and in the course of” employment requirement.
Medical bills that may be covered by workers’ compensation payments include the following:
Doctor’s bills: The costs of visiting a doctor for diagnosis, treatment, and follow-up care are generally included in workers’ compensation coverage for medical bills.
Hospital bills: If you need to go to the hospital for emergency care, surgery, a hospital stay, testing, follow-up care, or other hospital services, workers’ compensation insurance will cover these costs as well.
Prescription costs: Prescription medications and medical equipment are covered by workers’ compensation insurance if they are related to the covered injury or illness. This coverage includes not only medications, but also prescribed medical equipment like mobility devices, casts or braces, splints, and physical therapy or electronic devices like TENS units or CPAP machines that are prescribed to treat your workplace injury or illness.
Therapy costs: Physical therapy and rehabilitation for injuries are also covered by workers’ compensation insurance. For instance, if your leg is broken in a workplace accident and you need physical therapy to help you rebuild the muscles after the break has healed, this cost is generally covered by workers’ compensation insurance.
Treatment for complications related to the original injury or illness. If you develop a secondary infection while in the hospital or suffer other complications that you wouldn’t have suffered except for the original injury or illness, workers’ compensation will generally cover the costs of treating these complications as well.
How Do I Get Workers’ Compensation Benefits?
Start by reporting the accident, injury, and/or illness to your employer immediately. Then, file a claim with the Workers’ Compensation Commission. Your employer may have the Workers’ Compensation Commission claim forms you’ll need to file your claim, or you can get them free of charge by contacting the Workers’ Compensation Commission or by visiting the Commission website. Maryland also allows you to file your claim online if you choose.
What If There is an Objection or I Am Denied Benefits?
If your employer or your employer’s workers’ compensation insurer believes that your claim isn’t covered by workers’ compensation, they may object to the Commission, which will inform you in writing of what the objection is. If you believe the objection is wrong, that you are not receiving all the benefits to which you’re entitled, or that you have been wrongfully turned down for benefits, you can request a hearing from the Workers’ Compensation Commission. You may have an experienced Maryland workers’ compensation attorney represent you at the hearing.
How Are Replacement Wages Calculated?
If your injury or illness makes you unable to work for more than three days, workers’ compensation will pay you money to help make up for the wages you lose. The amount of replacement wages you can receive is calculated as a percentage of your average wages at the time you were injured, but it cannot go lower or higher than an amount set by Maryland law. As of 2012, Maryland workers’ compensation offered two-thirds of a worker’s average weekly wage, but no more than the state’s average weekly wage amount.
What Is the Difference Between Workers’ Comp & SSA Disability Benefits?
Disability benefits under workers’ compensation are separate from disability benefits from the Social Security Administration (SSA) or any state or local government, and you may be eligible to receive more than one kind of disability benefit. An experienced Maryland workers’ compensation attorney can help you determine the types of disability benefits you are entitled to and help you ensure that you are paid the proper amount.
I would highly recommend Mr. Alpert's firm.- Former Client
Well done Team!- CMCG
He got the results I needed.- Former Client
You saved my life from potentially devastating consequences.- K.K.
Thank you!- R.R.
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We have over 30 years of experience serving injured clients across Maryland and DC.
Concierge Level of Service
We are willing to visit injury victims at their homes if they are severely injured or bereaved.
No Upfront Fees
We are so confident in our abilities that we do not charge a legal fee unless you receive compensation.
We are not afraid to battle any party, whether big or small, both in and out of the courtroom.
We commit to staying up-to-date on the latest developments in Maryland injury law.
We have a sterling reputation in the community & among our peers in the legal field.