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Workers' Compensation Blog

Advice for the Apprehensive Injured Worker

Wednesday, September 05, 2018

A few times a week I get a call from an injured worker who is considering filing a workers’ compensation claim but is concerned about the repercussions that may take place after filing.

While it is understandable, and in certain circumstances a very real concern that an employer may retaliate against an injured worker after a claim is filed, if you are injured on the job it is important to understand what rights you may be giving up if you let your concerns influence you to not file a workers’ compensation claim. You may be giving up more by deciding not to file a claim than you would even in the worst case scenario for employer retaliation: termination. (Maryland is an “at-will” employment state, meaning an employer can fire an employee for any non-illegal reason. However it is against Maryland law to fire an employee for filing a workers’ compensation claim).

By failing to file a claim you may be giving up compensation at 2/3s of your pre-taxed wages for the period of time you are unable to work while you recover from your work injury. For municipal workers, this benefit can often be paid at 100% of your wages. Often times this means exhausting your hard earned personal, vacation and/or sick leave when your employer or its insurer is the legally responsible for paying your wages for each day missed. This benefit becomes especially important if you are separated from your employment. Whether you are separated from employment or not, you are still entitled to compensation if you cannot do your job and your doctor agrees that you must be out of work.

Perhaps most importantly, Maryland law requires the Employer/Insurer to pay for all of medical treatment necessitated by your work injury. Maryland is unique in that you have the right to seek treatment with a doctor of your choice. And most important of all, there is no time limitation on your ability to seek treatment as a result of a work injury. (The right to fight for treatment never expires once a claim has been timely filed and accepted, however, there are no guarantees your employer or their insurer will authorize the treatment you wish to have – a good reason to consult with a legal professional). If you fail to timely file a claim with the Workers’ Compensation Commission, often times the insurance adjuster will take longer to authorize treatment or refuse to authorize your care altogether as there is no real motivation to do so. By successfully filing a claim, you’re guaranteeing at least the right to fight for your employer to pay for your lifetime medical care.

Compensation for permanent disability is the last main benefit available to those who are successful in filing a workers’ compensation claim. Often times the money received for an individual’s permanent disability does not truly compensate him/her for the affect their injury has had on their life - especially with more serious injuries. However, some compensation is certainly better than receiving no compensation at all. By failing to file a claim, you forgo this right altogether. Some other important benefits to filing a claim are medical mileage reimbursement, vocational rehabilitation and temporary partial disability – to name a few.

You work hard at your job every day, giving up precious time with your family to help further your companies’ goals. If you get hurt while on the job you owe it to yourself to protect both you and your family by filing a claim. You should not have to pay out of your own pocket for medical treatment, struggle to make your bills because you are incapable of earning wages, or worse yet be forced to suffer from a life altering disability without receiving any assistance to get you back on your feet.

So if you get hurt on the job – protect yourself and your family by filing your claim. And if you’re concerned about the potential repercussions of doing so, consult with legal counsel to make sure you understand not just what problems may arise if you do file your claim, but what problems may arise if you don’t.

Call attorney Charles Schultz, Esq. today at 410-769-5400.

The Year In Review At Berman, Sobin, Gross, Feldman & Darby LLP

Wednesday, January 03, 2018

2017 was an exciting year for our firm that included new additions to our staff, well-deserved recognition for a few of our attorneys, and a famous first pitch!

Let’s explore in greater detail some of the key moments from last year at Berman, Sobin, Gross, Feldman & Darby, LLP:

  Attorneys Ken Berman, Matt Darby, Michael Feldman, Craig Meyers, and Ari Laric were selected as Super Lawyers and Rising Stars in 2017 and again in 2018 along with the addition of Charles Schultz in 2018. 
One of our Founding Partners Ken Berman was one of the only attorneys recognized by the Washington Post be the Best Attorneys in the areas of workers’ compensation and motor vehicle negligence cases. 


Ari Laric testified in Annapolis, MD in support of injured workers who are part of the State Retirement System. 
 Charles Schultz spoke at the MWCEA Conference and was also a panelist. 

  Berman, Sobin, Gross, Feldman & Darby LLP expanded its staff with the hiring of Kenrick Roberts and Allyson Bloom
And who could forget…our very own Ken Berman throwing out the first pitch at a Frederick Keys baseball game in July. To our loyal Facebook contingent who voted on the outcome of the pitch…it was a strike  

Can Teachers Collect Leave Benefits During Summer Break?

Friday, September 23, 2016

The days are now long, morning frost is a thing of the past, and thousands of Maryland’s educators’ are enjoying their summer breaks. What better way to kick off this year’s few months of relaxation (or switching gears for that summer job) than to brush up on your workers’ compensation knowledge?

Workers' Comp Benefits and Summer Break

This time of year, I always hear from a number of my teacher clients who are wondering how the summer break will affect their workers’ compensation benefits. Generally speaking, under the Workers’ Compensation Act, Maryland workers are entitled to 2/3s of their wages (known legally as temporary total disability or “TTD”) during the recovery period after an injury when they are incapable of working. (Most boards of education offer a 100% wage benefit to their employees for a specified time period. This issue and its implications on workers’ compensation benefits will be discussed in greater detail in a future blog).

Boards of Education however, will often refuse payment of TTD during our educators’ summer vacation - making the argument that the injured teacher is a 10 month employee and would not be paid during the summer months if they had not been injured at work.
The law in Maryland, however, makes clear that the having an actual intention to work or the opportunity to work for that matter, is not a requirement to collect TTD. Maryland’s test is loss of earning capacity, or the inability to work, regardless of whether there would be actual wage loss. Maryland’s highest court has held that both retired workers – who may never work again (no intention of working), and incarcerated employees (no opportunity to work), are both entitled to payment of TTD during the period they would be physically unable to perform their job duties.

In short – teachers are entitled to TTD over the summer if they are still recovering from a work injury and can’t physically perform their job duties, regardless of whether or not there are any job duties available to perform.

Pay Plans and Benefit Coverage

Another important factor to consider under these circumstances is whether an individual takes a 10 month pay or chooses to spread out their pay over 12 months. Boards of Education will often argue that if a teacher is compensated on the 12 month plan, they should not be entitled to TTD benefits during summer because they are already being paid and would then be “double dipping”. However, this could not be further from the truth. Even if the pay is spread over 12 months, teachers are still only being paid for 10 months of work and accordingly, are still entitled to summer TTD. Deferring earned income does not preclude TTD benefits during the summer months.

Bring on the heat.

Jury Got It Right For Montgomery County Correctional Officer

Friday, September 23, 2016

Attorney Charles Schultz of Berman, Sobin, Gross, Feldman & Darby, LLP was successful in overturning a decision of the Maryland Workers’ Compensation Commission which had found that a career correctional officer did not sustain an occupational disease of Hypertension as a result of his employment. The Commission denied the injured worker’s claim for benefits because he suffered from numerous other health conditions which could have been a factor in his development of Hypertension. After a two (2) day jury trial, the jury returned a verdict in favor of the officer, who had worked for Montgomery County for just two (2) years prior to being diagnosed with Hypertension (he had worked as a correctional officer for 11 years prior to that in a different jurisdiction), finding that his condition was caused by his employment.

Hypertension for Correctional Officers

For many correctional officers in Maryland, it is presumed that Hypertension is caused by the stresses and strains inherent in the job - a law that makes perfect sense to those who understand the daily challenges of a correctional officer. Correctional officers are in the position of having to protect inmates from harming themselves, other inmates, or the officers themselves, and often times when they are greatly outnumbered by the inmates. This stressful environment can contribute to the development of Hypertension - which has been recognized by Maryland’s Legislature by including correctional officers in the heart and lung law.

What This Means for the Officer

The court victory means that the officer will now receive payment for all future medical treatment and any past medical bills resulting from his Hypertension, payment at two thirds of his wages tax free for any time he has missed from work as a result of his condition, and payment for the permanent disability he now has due to his condition.

If you know someone who is a corrections officer and is suffering with job-related hypertension, please have them contact Ken Berman at (301) 670-7030.

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