Ken Berman and Berman, Sobin, Gross Feldman & Darby, LLP were able to secure benefits from three different insurance carriers for a single injury to a fire fighter who was involved in a devastating collision between a tractor trailer and a fire engine. While the law is clear that a Claimant cannot receive compensation twice for the same injury, Ken used his many years of experience and knowledge in handling both workers’ compensation claims and negligence claims for fire fighters to maximize the injured fire fighter’s recovery. The team at BSGF&D explored several complicated recovery scenarios to reduce the workers’ compensation lien and increase benefits from motor vehicle and other insurance.
Helping to Protect Injured Fire Fighters
The injury occurred when several Fire Fighters were in the process of returning to the station when they were suddenly struck by a tractor trailer causing the fire truck to overturn. As a result, the fire fighter’s arm was amputated and surgery was required to reattach it.
Medical Treatment, Benefits, and More
Berman, Sobin, Gross, Feldman & Darby, LLP ensured that the Claimant’s medical treatment was entirely paid for through workers’ compensation and that the fire fighter continued to receive weekly benefits. Ken successfully argued that the Claimant’s fringe benefits (housing at the fire station, clothing allowance through his full time employer, etc.) were included in determining the Claimant’s average weekly wage thereby increasing his weekly compensation benefits. The Workers’ Compensation Commission agreed and allotted the fire fighter higher weekly payments.
Going The Extra Mile for Injured Fire Fighters
After securing the maximum amount of workers’ compensation benefits, Ken went after the Defendant tractor trailer’s driver policy of insurance. Although there were eight other parties making a claim on the defendant/tractor trailer’s insurance, Mr. Berman was not satisfied to simply accept his client’s pro rata share of that policy. Extensive investigation revealed that the fire truck in the Claimant was riding carried an additional “underinsured motorist” policy which provided additional benefits to the injured Claimant. By structuring the recovery from the Defendant tractor trailer tortfeasor, and coordinating the recovery from the underinsured motorist carrier of the fire truck, Ken was able to maximize the recovery to the injured worker from 3 separate sources.
Workers' Compensation Case Experience Matters
After all of the above, Ken and the injured fire fighter then returned to the Maryland Workers’ Compensation Commission to obtain additional permanency benefits. The Claimant was paid at the highest rate allowable under the law and he will continue to receive benefits for years to come, as well as having full coverage for any future medical needs or treatment.
Experience matters. Ken Berman and Berman, Sobin, Gross, Feldman & Darby, LLP’s extensive knowledge of not only workers’ compensation law but also the complicated subrogation and insurance laws applying to workers’ compensation and motor vehicle accidents, made those laws work for the injured worker, thereby insuring the Claimant the maximum recovery, coverage, and protection.