A Maryland Workers’ Compensation Lawyer Discusses Workplace Injuries and Illnesses
If you suffer a job-related injury or illness, you should be able to expect that you will get the workers’ compensation benefits you deserve. Unfortunately, when it comes time to file a claim, many employees find it difficult to collect the full value of benefits they may be entitled to under the law. At Timothy A. Dachille & Associates, we understand the obstacles injured workers often face when they file a claim for workers’ compensation benefits. For over 20 years, our law firm has been helping our clients receive the workers’ compensation benefits they need to cover their medical care, lost wages, and other bills and expenses. A Maryland workers’ compensation lawyer understands how the workers’ comp system in Maryland and Washington, D.C. operates, and we will fight to ensure that you get the maximum benefits you are entitled to under the law.
Guiding Clients Through the Workers’ Compensation System
A workplace accident or job-related illness can be a life-changing event for employees and their families. Our attorneys appreciate just how complicated the process can be for injured workers. When you are in pain and suffering, it can be very hard to figure out what you need to do to collect the compensation you deserve.
Our lawyers also know that the workers’ compensation laws in Maryland and Washington, D.C. set strict time limits that you must meet in order to preserve your right to receive compensation. If you fail to take the appropriate steps within these strict time limitations, you may be unable to collect the benefits you may need to pay for your medical care and make up for your lost wages.
Having assisted injured workers for decades, our firm also knows that getting the appropriate medical attention in a timely manner is critical when you are hurt on the job. Our team will work with you to ensure that you have access to the right doctors and specialists so that you can get the medical evaluations needed to support your claim. Our objective is to make sure that you receive the care and treatments you need to recover and get back on the job.
Exploring the Viability of Third-Party Claims
In some situations, we find that injured workers may be able to assert legal claims against third parties in addition to collecting workers’ compensation benefits. For example, if you are injured by a defective piece of equipment, the manufacturer of the equipment may be held liable for your injuries. When you meet with our team, we will carefully review the circumstances of your case to determine whether you may have any viable third-party claims in addition to your workers’ compensation claim.
A Maryland Workers’ Compensation Lawyer Explains the Basics of Workers’ Comp
If this is your first time facing a potential workers’ compensation claim, you may not understand how it works and what it covers. At its core, workers’ compensation is a no-fault insurance program that pays medical and disability benefits to those workers who are unable to work due to an injury or illness they have suffered during their employment.
There are two key elements that you need to understand when it comes to workers’ compensation:
- “No fault” means that the worker does not need to prove that their injury or illness is their employer’s or another employee’s fault. Workers can still qualify for workers’ compensation benefits even if their injury or illness resulted from their own negligence. For example, a worker is seriously injured when a piece of machinery malfunctions. There is disagreement about the cause of the malfunction, whether it was due to misuse by another employee, negligent maintenance, or the machinery was simply defective. For purposes of workers’ compensation, it doesn’t matter—the worker can still claim their benefits.
- To qualify for workers’ compensation, the worker must be able to prove that their injury or illness arose as a result of performing their job duties in the normal course of their employment. Workers’ compensation does not pay benefits for injuries that happened while off the job or if the illness was caused by pre-existing health issues or conditions unrelated to work. This is a critical issue in many workers’ compensation cases.
The Types of Benefits Available Through Workers’ Compensation
Workers’ comp pays two types of benefits:
- Medical benefits that will generally cover all of your medical expenses related to your injury or illness; and
- Disability benefits will cover a portion of your lost income, generally two-thirds of your average weekly income, up to a maximum set by Maryland law.
Your medical benefits will be relatively straightforward. And unlike in other states, injured workers can choose their doctor in workers’ compensation cases in Maryland. However, your doctor must agree to bill according to the fees set forth by the Maryland Workers’ Compensation Commission (MWCC), or you will be personally responsible for the difference. If you have questions or simply don’t know what to do about treatment, contact a workers’ compensation lawyer for guidance.
A Maryland Workers’ Compensation Lawyer Explains Disability Benefits
Disability benefits are a vital part of the workers’ compensation system — these benefits will help you pay your bills while you cannot work. These benefits are divided into four different types:
- Temporary Total Disability (TTD). These benefits are paid to ill or injured workers who cannot work at all but only temporarily. These benefits are available even if you are expected to make a full recovery up until the time you are able to return to work.
- Temporary Partial Disability (TPD). You may be entitled to TPD benefits if you are able to return to work, but your injury or illness requires you to work reduced hours, be placed on “light duty,” or be assigned to another position that results in a loss of income. However, it is important to note that you qualify for these benefits only if you earn less than you did before your injury or illness. And again, these benefits are available even if you are expected to make a full recovery.
- Permanent Partial Disability (PPD). These benefits are available for workers who are able to return to work but will suffer from a permanent disability that will result in a loss of income. In order to qualify, your doctor must determine that you have reached “maximum medical improvement” (MMI) and assign you an impairment rating.
- Permanent Total Disability (PTD). These are benefits that are paid to you if you are permanently disabled and unable to work at all.
What to Do if You Have Suffered a Work-Related Injury or Illness
The steps you take with regard to your injury or illness are critical to protecting your right to receive workers’ compensation benefits. A Maryland workers’ compensation lawyer can guide you if you do not know what to do.
- Notify Your Employer Immediately
You should report your injury or illness to your supervisor or other managing employee as soon as possible, even if they are already aware of the accident. If you informed them verbally, follow up with an email or other written communication so that you can keep a copy for your records. If you were injured in an accident, your employer may provide an incident report form for you to complete. Fill it out and make sure you request a copy for your records. - Seek Immediate Medical Attention
It may seem obvious, but you should seek medical treatment even if you know what is wrong or what treatment is needed. You need a medical professional to document your condition, or you will not be able to seek workers’ compensation benefits. You also want to be sure that you get examined as soon as possible—delays in seeking treatment could jeopardize your claim. Make sure you tell the doctor that you were injured at work or that you believe the illness is work-related so that the documentation is clear. As mentioned above, Maryland is unique because workers can choose their doctor. We recommend informing the doctor at the outset that this may be part of a workers’ compensation claim so that they can bill you appropriately. - Follow the Recommended Treatment
Ensure you follow your doctor’s orders to the letter—do not miss any follow-up appointments or fail to get your prescriptions filled. Failing to follow the recommended treatment can undermine the validity of your claim, as insurance companies will use it as evidence that you are not as injured as you claim. - File Your Claim with the MWCC
In order to receive your workers’ compensation benefits, you must file a claim with the MWCC. Try to be as specific as possible in describing your injury or illness and how it is work-related. If you are unsure as to what to say or what documentation you need to provide, contact a workers’ compensation lawyer.
Contact A Maryland Workers’ Compensation Lawyer About Your Workers’ Compensation Claim Today
For more than 20 years, Timothy A. Dachille & Associates has been helping accident victims throughout the Baltimore region recover the financial compensation they deserve. If you have been injured on the job, it is important to act quickly to collect benefits under the Maryland Workers’ Compensation Law, as well as Washington, D.C.’s Workers’ Compensation Law. A Maryland workers’ compensation lawyer can guide you through the process to ensure you are taking the right steps to collect the full benefits to which you are entitled. Contact us online today or call 410-752-2325 to schedule your free consultation. Our firm provides legal services throughout Maryland and the District of Columbia.