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Workers' Compensation Blog

The Importance of Documenting All of Your Injuries

Tuesday, July 18, 2017

All too often when workers are injured the focus is on the most severe parts of the body hurt. Frequently the minor pains and bruises from other parts of the body are ignored. However, in a workers’ compensation claim it is very important to report every hurt, bruised, or swollen body part no matter how minor it may seem at the time. The human body is interconnected and when you fall, for instance, you may land on your knee, but your hands may have eased the impact, which can cause shoulder and arm pain as well. If you injure your back, the nerve pain and/ or damage can cause problems in your legs. You may not feel any symptoms to those other areas until a day or two later, but these are all parts of your body that could get worse over time and require additional medical treatment. It is important in a workers’ compensation claim to document every part of the body that was affected by the accident no matter how small it may seem. It is more difficult to try and convince a Commissioner or insurance company that another body part was also injured in the same accident if there is no documentation of it within a few days of the accident.

What’s In The Injury Report Matters

This rule is important to remember when filling out your accident report at work, your workers’ compensation claim form, and any forms you are given at every medical office you visit after the accident. In our practice, we frequently read emergency room reports where an injured body part is left out or the wrong body part is documented. We all know hospitals are busy places and not everything is always documented with 100% accuracy, but insurance companies will use this to discredit your injury or the cause of your injury. It is important for you to check that how the accident occurred and that all injuries are clearly described and documented. Make sure to tell the medical professional you are dealing with every ache, pain and/or discomfort that you are feeling as a result of the accident.

Contact Us With Questions

If you have any questions about a new pain or problem that developed after your injury it is always best to contact an attorney. Our attorneys have years of experience and know the right questions to ask to ensure that you receive the full coverage, you are entitled to for your injuries.

Workers’ Compensation Claims Process - How long does it take to get a hearing and what is a “consideration date?

Friday, July 14, 2017

One of the most common questions I receive from clients concerns how long it takes to get a hearing before the Maryland Workers’ Compensation Commission. As with any court or judicial body, the Commission sets its own schedule and the claimants and attorneys appearing before it are subject to that schedule. Generally speaking, however, it is a safe assumption that your hearing will be scheduled within three to four months from the date you file your claim or request a hearing. This can vary based on your hearing venue. For example, hearings are scheduled much quicker in Baltimore or Beltsville (the hearing sites with a higher volume and where hearings are held more frequently), than in La Vale or Cambridge (where hearings are held less frequently based on a lesser volume).

What is the “Consideration Date?”

The claim process begins when you file an “Employee Claim Form” with the Commission. This document asks you basic demographic and injury-specific questions. Once this is submitted, the Commission will send a Notice of Claim to your employer and your employer’s workers’ compensation insurance carrier, referred to as the insurer. On the bottom-right of this Notice of Claim, you will find a “Consideration Date,” which is typically about a month from the date your original Employee Claim Form was filed. Your employer and insurer have until this date to either accept or contest your claim. If they contest the claim, they will file Contesting Issues with the Commission and you will have to wait for a hearing to present the evidence of your work-related injury or illness. You cannot request a hearing on your own behalf until after the “consideration date,” has passed. That’s why it is so important to file your claim as soon as possible.

My Employer and Insurer filed Contesting Issues; what next?

When your employer and insurer file Contesting Issues, they are, in effect, opposing the claim until the Commission can hold a hearing to determine the validity of your claim. As stated above, this will typically be scheduled anywhere between three to four months from the date your claim is initially filed. At this first hearing, you will be called upon to testify and present evidence of your work-related injury or illness, including medical records supporting your claim. After the hearing, the Commissioner will decide whether or not your injury or illness is covered by the workers’ compensation laws of Maryland. However, up until that time, you will not be able to recover any workers’ compensation benefits such as temporary total disability. You may or may not receive medical coverage. For this reason, it is all the more urgent that you consult with an attorney to determine your options and to prepare for this hearing.

How can my hearing be scheduled on an emergency basis?

In some circumstances, you can request the Commission to schedule your hearing sooner based on an “emergency” situation. For example, if you are unable to work on account of your injury or illness and have received collection notices on past-due bills or if you require emergency medical treatment, then the Commission may schedule your hearing sooner, within a matter of weeks rather than months. However, you must submit documents to support the urgency and these requests are not always granted.

If you have any questions or require assistance with your work-related injury or illness, please do not hesitate, contact Matthew Engler, Esq. today at 301-740-3322 or mengler@bsgfdlaw.com.

Workers’ Compensation and FMLA

Tuesday, June 27, 2017

If you find yourself injured on the job, and are required to miss work while you recover, you may be concerned about whether your job will still be waiting for you when you are able to return. Certain employees have federal protections available to them, in addition to their workers’ compensation benefits, which they may not be aware of.

What is FMLA?

Employees who suffer work related accidents may be covered under the Maryland Workers’ Compensation Act. In addition those same employees, who sustain what is known as a “serious health condition”, are entitled to federal protections under the Family Medical Leave Act, or FMLA. The most important safeguards available to injured workers require that employers provide twelve (12) weeks of job-protected unpaid leave and continue to provide group health benefits during that twelve (12) week period. Put another way, FMLA holds your job open for twelve (12) weeks, if you are injured on the job and qualify for FMLA.

How Do I Know if I Qualify for FMLA?

If you work for a private employer who has at least fifty (50) employees, a federal, state ,or local government, or an elementary or secondary school (regardless of the number of employees), you are eligible for FMLA in addition to workers’ compensation benefits as long as you suffer a “serious health condition” in the course of your employment.

If you do work for a covered employer, you must have worked for that employer for at least twelve (12) months in order to qualify for job protection through FMLA, even if that work is seasonal.

A “serious health condition” includes a work injury where (1) you required an overnight stay in a hospital or medical facility; or (2) you were off work for more than three days and required ongoing medical treatment (such as multiple doctors’ appointments and/or follow up care).

What is the Difference Between FMLA and Workers’ Compensation?

Pay: Workers’ Compensation entitles you to payment of temporary total or partial disability benefits while you are off work and the payment of all reasonable treatment for your compensable work related injury. FMLA, however, is unpaid leave, which ensures that, as long as you return to work within the twelve (12) week period, you are entitled to return to the same or equivalent job. So, if you suffer a “serious health condition” on the job you may be entitled to payment through workers’ compensation, while your job is held open by FMLA.

Medical Expenses and Health Insurance: FMLA requires that covered employers continue to pay health insurance as if you were still working. However, this does not include the medical expenses that you incur as a result of your work related accident. This is not usually a concern since Workers’ Compensation gives you the lifetime right to request payment of any medical treatment which is reasonable, necessary, and related to the on the job accident. In other words, if you injure your knee on the job and require a knee replacement surgery as a result of that accident, you have the right to request that the medical expenses and recovery from that surgery be paid for under Workers’ Compensation. If you catch a cold while out of work for that knee replacement surgery during the twelve (12) week FMLA period, you will still be able to see your primary care physician under your employer provided health insurance and the job will be held open for you.

Navigating how Workers’ Compensation interacts with the Family Medical Leave Act can be complicated. In addition, workers may not realize the rights that they have under the Maryland Workers’ Compensation Act and Federal FMLA. If you are injured on the job and require an extended leave of absence to recover from your injury, please contact Natalie Whittingham.

The Impact of Wage Loss on The Life of a Correctional Officer

Thursday, May 04, 2017

I recently had a jury trial in Cumberland where I represented a correctional officer at one of the large State prisons in Western Maryland. I was reminded during the course of the trial of the devastating impact that a work accident can have on someone who lives in Western Maryland.

This was someone who, because of the very serious nature of their work injury, was unable to return to work for the State of Maryland. And when someone loses a good paying union job, that has good benefits and job protections, the results of losing that job are devastating to the worker and their family.

In Maryland, workers’ compensation law does provide vocational services that help injured workers’ find jobs within their physical restrictions. Unfortunately, those jobs are typically non-union, low paying jobs with expensive health care that offer little job protection.

Gone are the days where mining and manufacturing jobs were plentiful and wages were driven up by competition for good reliable workers. Instead, workers’ compensation insurance companies get off cheap and easy compared to the economic and psychological impact suffered by workers who lose their jobs due to work injuries.

While we were able to double the injured worker’s benefits at the trial, it still doesn’t come close to making up for what was lost. That loss is not merely economic, but also the pride and satisfaction that comes with providing for your family. When that’s taken away there is no amount of money that can adequately compensate an injured worker for all that they’ve lost, due to not fault of their own.

Why Workers Compensation’ For Police Is More Important Than Ever Before

Tuesday, October 04, 2016

Police officers are not only covered for accidental injuries arising out of and in the course of their employment, but they are also covered for occupational diseases arising from the unique hazards of their employment such as heart disease, hypertension, and hearing loss. Maryland law presumes that the heart disease or hypertension developed from the officer’s stressful employment. This presumption is based upon medical evidence that police officers, due to their many pressures and responsibilities, have a greater risk of heart disease and hypertension than the general public.

When choosing a workers' compensation attorney, it is important to go with an attorney who, “backs the blue.” Attorney Matthew Engler, a former Maryland State’s Attorney, now practices workers’ compensation with BSGFD and devotes his attention to the needs of Maryland police officers. From his experience as a prosecutor, he knows how difficult policing is today and fully appreciates the sacrifices made every day by our men and women in blue. Contact Attorney Matthew Engler today for a free consultation.

Why should I file a Workers’ Compensation Claim if my Employer’s insurance is already covering my medical bills?

Friday, September 23, 2016

There is a BIG difference between filing a claim with the Workers’ Compensation Commission and filing a claim with your employer’s insurance policy. As Attorney Al Gross discussed in his recent blog post, submitting a “First Report of Injury” or other worksheet to your employer or employer’s insurance is NOT the same thing as filing a claim with the Workers’ Compensation Commission. The difference between the two is huge and your employer’s insurance company has no obligation to tell you what they are.

When a claim is filed with the Maryland Workers’ Compensation Commission, many rights and benefits are secured under Maryland law, including but not limited to:

  1. Lifetime medical benefits for all treatment that is reasonable, necessary and causally-related to your work-injury;
  2. Awards that compensate you financially for any permanent disability you may have as a result of your work-injury;
  3. Vocational rehabilitation benefits if, because of your injury, you are no longer able to perform your prior job duties because you are under permanent work restrictions;
  4. Reopening your case for additional monetary benefits if your condition worsens Depending on your case, there are other benefits which may apply to you. In order to better understand the Workers’ Compensation law of Maryland and your status, contact Attorney Matthew Engler for a free consultation.

Depending on your case, there are other benefits which may apply to you. In order to better understand the Workers’ Compensation law of Maryland and your status, contact Attorney Matthew Engler for a free consultation.

I injured myself at work – why did my employer’s insurance deny my claim?

Friday, September 23, 2016

Simply getting injured at work doesn’t guarantee you any benefits or rights under the law, unless you file an accepted claim with the Workers’ Compensation Commission. Many injured workers only file paperwork with their employer or employer’s insurance company without ever realizing that this is NOT the same thing as a workers’ compensation claim. When you proceed in this manner, it is a private transaction between you and your employer’s insurance. Unfortunately, in countless instances, the insurance company will deny medical coverage and disability payments leaving the injured worker on their own without any help and without any options.

Secure Your Rights and Benefits

However, when you file a claim with the Workers’ Compensation Commission, not only do you secure all the rights and benefits guaranteed under the law , but you also secure the right to present your case to a Commissioner who has the authority to order your employer’s insurance to pay for treatment and disability payments, even when they initially denied it. The Workers’ Compensation Commission was established specifically to litigate injured worker claims and to ensure compliance with the workers’ compensation laws of Maryland. Nevertheless, you MUST first file a claim with the Commission in order to secure jurisdiction for your work-injury.

Get Help...Contact Matt

If you have any questions regarding your status under the law, please contact Attorney Matthew Engler for a free consultation.

Police Officers and Duty Belts – How Back Injuries Can Be Prevented

Friday, September 23, 2016

Think of all the dangers police officers face. They are punched, shot at, struck by cars during traffic stops, injured while restraining combative suspects, and in collisions while in a vehicle pursuit. These are just a few of the perils they encounter. Often though, the injuries which occur while police officers are in the daily grind of the job are the most common.

One of the main culprits of low back and hip injuries is the duty belt. Low back and hip injuries/conditions caused by wearing a duty belt are some of the most underreported types of injuries suffered by police officers. Police are required to carry the following items on their duty belt: radio, gun with a gun light, two extra magazines, two pairs of handcuffs, pepper spray, baton, small flashlight, large light, glove case, tourniquet kit and a Taser. All told, a police officer could be carrying anywhere between 20 and 24 pounds on their duty belt. All that weight pushing right down on their low back and hips during an entire work shift causes long term affects.

Imagine this for a minute. You get up in the morning and put your clothes on for work. Maybe you wear a suit, maybe you have a uniform, but you probably do not have 22 pounds hanging from your belt. So instead of your normal leather belt, it is instead filled with 22 pounds of weight. Or maybe you hang a bag of potatoes from your belt? Or 2 large bowling balls? Or maybe 5 reams of paper? And imagine if that was part of your daily ‘uniform’. You wear it driving to work, walking to get your morning coffee and sitting at your desk. Common sense tells us that our back would be sore at the end of the day. We have all had sore backs from carrying mulch, shoveling snow, carrying our kids or grandkids for long stretches, and moving friends and families.

Police officers have to wear 22 pounds or more around their waist during every hour of every shift. They wear them sitting in the patrol car, pursuing suspects, on foot patrol, during roll call, filling out reports, sitting in court for hours at a time waiting for a case to be called and eating lunch/dinner/breakfast. All day, every day, 22 pounds or more of downward pressure on your hips and lumbar spine. Not to mention the discomfort of sitting in a patrol car with a seat belt and the bolsters on both sides of the seats producing pressure on the belt pushing it up into the back.

But there are some techniques police departments and police officers can utilize to lessen the discomfort and delay the onset of injuries. For departments, the number one way to prevent or lessen back injuries from duty belts is to just do away with them all together. Switching to tactical vests or harnesses can do more to prevent back injuries than anything else. Unfortunately, few patrol officers are issued tactical vests. It is common sense that wearing a backpack is a heck of a lot more comfortable than wearing a fanny pack. Also, departments can provide nylon belts instead of leather belts. Nylon belts are lighter and more flexible than leather belts. But these cost money, and in an era of shrinking municipal budgets, they are unfortunately an unlikely fix.

Sadly, it is up to police to protect themselves. When seated in a patrol car, change posture often, take breaks when possible, stand up and walk around, alter the driver’s seat with a lumbar pillow to provide more support. When on foot patrol, take the opportunity to stretch. If, however, a police officer is experiencing back pain, it is unlikely to get better by ignoring the problem. Back and hip injuries caused by wearing duty belts are consistently underreported.

When these back and hip injuries do happen, it’s vital that police report these injuries to supervisors and seek medical attention. The wrong response is to ignore it and hope it gets better. Finally once the injury has been reported and documented by a doctor, police must file a workers’ compensation claim to ensure their medical rights are protected for the rest of their lives.

Our police, who risk their lives every day to protect our communities and our families, should be provided every piece of equipment to make their increasingly difficult and dangerous jobs safer. After all, many of these brave men and women are going home to their own families, and should not have to be living in constant back pain because local governments are not prioritizing the health and safety of our first responders.

Please contact Jason Shultz at 410-769-5400 or jshultz@bsgfdlaw.com to protect your medical rights.

Berman, Sobin, Gross, Feldman & Darby Team Secure Significant Benefits for Local Firefighter

Friday, September 23, 2016

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.

I was told I have lifetime medical coverage, under workers' compensation, but they are denying my claim!

Friday, September 23, 2016

The Law. Many injured workers remember that towards the end of their case, when they settled, received a lump sum award, or weekly payments for a set period of time for their workers’ compensation claim, they were told that there right to medical treatment was left open for the duration of their life. However, of course, this comes with a caveat; according to the Workers’ Compensation Law of Maryland, injured workers are entitled to medical treatment with no time limitation, unless stipulated otherwise, for the body part that was injured at the time of the accident as long as the requested medical treatment is reasonable and necessary and is casually related to the original accidental injury.

What does this really mean? For continued medical treatment the injured worker must prove that their current need for medical treatment is still related to the original claim. Thus, the insurance company may not approve any treatment without a doctor’s letter stating that the current need for treatment is still related to the original claim. In my practice, clients often call me after two (2) - five (5) years of feeling fine and now have an onset of the same symptoms they felt several years ago from their accidental injury or disabling occupational disease. Injured workers are often frustrated that their employer’s insurance company will not automatically approve a visit or treatment. This is compounded when the injured worker finds out that before treatment is approved, the employer’s insurance company is allowed to send them to the insurance company’s own “independent” medical evaluation, which often times will state that the current need for treatment is no longer related to the claim. When there has been a large gap in time from the last date of treatment until the present need for treatment usually an injured worker must participate in a hearing to request the Commission to order the treatment or visit. Scheduling of these hearings can take several months.

What should I do? First the insurance company needs evidence through medical reports that the new symptoms are related to the original injury. Then the insurer will need to verify that the requested treatment is reasonable and necessary. Finally they will investigate to ensure there was no intervening event or accident that might have caused the onset of new symptoms. The best way to get your treatment as quickly as possible is to visit your doctor and ask them to write a letter that describes what treatment has been recommended, why the treatment is recommended and whether or not it relates back to the original Workers’ Compensation claim make sure all of your providers have your workers’ compensation insurance claim number and send reports and bills directly to the insurance company to ensure time is not lost in updating the workers’ compensation insurance file. In addition, verify that your attorney also has all of the appropriate recent medical reports, thereby supporting the effective and expeditious advocacy on your behalf. If Berman, Sobin, Gross, Feldman & Darby LLC was the law firm you used for the original claim we will continue to fight to get the medical treatment you need.

For More Information, Contact Attorney Julie Mirman 301-740-3306

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