Maryland Workers’ Compensation Attorneys
Workers’ Compensation benefits protect both workers and their employers. In Maryland, state law dictates that employers must purchase workers’ compensation insurance policies. When an employee suffers an on the job injury, the insurance policy kicks in to cover certain costs and provide benefits to the injured employee. The system helps to ensure that workers are not left injured and unable to support themselves because of something that took place on the job. For employers, the policies provide a layer of protection so that they do not have to absorb the costs of litigation.
If you are injured at work, having a Maryland Workers’ Compensation attorney on your side will help you to navigate the system and ensure that you are treated fairly and get the help you need and deserve. At Berman, Sobin, Gross, Feldman & Darby LLP, we know what is at stake for injured workers, and we are ready to fight for our clients.
Injuries Can Be the Worker’s Fault, Or the Employer’s
One of the distinctive aspects of workers’ compensation policies is that they cover the damages resulting from injuries that an employee suffers on the job regardless of fault. The no-fault system ensures that workers will be covered even if a worker caused his or her injury. There are restrictions on injury coverage, such as when an employee was under the influence of drugs or alcohol or the injury was intentional.
Without workers’ compensation, employees injured at work would have to resort to filing lawsuits against the employer. A lawsuit would require that workers prove that the employer was at fault and had caused the injury, typically through negligence. When workers’ compensation works as it should, injured workers can get benefits quickly and easily, without going through the time, expense or risk of a lawsuit.
What Does Workers’ Compensation Cover?
Workers’ compensation covers many costs associated with work-related injuries, such as medical bills, lost wages, mileage reimbursement, and certain other expenses. Adjusters will calculate the actual payments.
In the event of a fatality on the job, workers’ compensation will cover death benefits which go to the family of the worker.
While the benefit of worker compensation is that payments are guaranteed, the payout is not as high as it could be in a lawsuit. In a typical personal injury lawsuit, the injured worker will claim damages for pain and suffering. Workers’ compensation does not provide any compensation for pain and suffering, so payouts for workers’ comp are often less than they can be in personal injury lawsuits. Of course, in a personal injury lawsuit, the injured individual must prove a case of negligence, so there is no guarantee of any payout at all.
Workers’ Compensation Prohibits Most Lawsuits
While an injured worker may not like the fact that he or she cannot claim damages for pain and suffering, there is typically no way to avoid this limitation. The insurance protects the employer by preventing every workplace injury from becoming a long and arduous legal battle in exchange for the employee having guaranteed protections in the event of workplace injuries.
There are rare exceptions to this limitation for cases in which the employer intentionally injured the employee. Also, if a third-party (not the employer or an employee) caused the accident, the worker could have a negligence claim against the responsible party as well as a workers’ compensation claim. Choosing a law firm like Berman, Sobin, Gross, Feldman & Darby LLP that handles both workers’ compensation and personal injury claims can help ensure that you hold all parties accountable and get the maximum amount of compensation available to you.
What Are the Most Common Workplace Injuries in Maryland?
According to the Maryland Department of Labor, in 2017, which is the most recent data published, 46,600 work-related injuries and illnesses were reported by private-sector employers. Most claims, 96.6 percent, involved injuries rather than illnesses.
The industries with the highest numbers of injury claims in the state include beverage and tobacco manufacturing, couriers and messengers, and waste management.
Nationally, someone is injured at work about once every seven seconds. The National Safety Council states that the most common workplace accidents that lead to missed days at work include:
- Injuries caused by overexertion, such as from bending, twisting, reaching, and lifting;
- Injuries caused by contact with objects, including being struck, compressed, or crushed; and
- Injuries caused by falls, slips, and trips.
How a Lawyer Can Help When You’ve Been Hurt on the Job
In some minor injury claims, workers may feel that they do not need an attorney’s help. However, there are plenty of times when having a lawyer will be important for the injured worker to receive proper compensation.
In certain situations, employers will deny benefits, even if the claim is proper. Other times, the insurer will offer an amount that does not fully compensate the injured worker. In cases of severe injuries or when the injury prevents the employee from working, hiring an attorney is important to ensure that the claim is handled properly and provides the needed coverage for the employee. Sometimes the benefits can have unexpected impacts on Social Security and lead to complications that the attorney will be able to explain and help develop the best possible plan for the injured person’s future.
Of course, if the injured worker faces retaliation, it is time to contact an attorney right away.
Contact Berman, Sobin, Gross, Feldman & Darby LLP Today for Help With a Maryland Workers’ Compensation Claim
Berman, Sobin, Gross, Feldman & Darby LLP’s attorneys have worked for decades throughout Maryland to help injured employees get the workers’ compensation benefits that they need. Contact Berman, Sobin, Gross, Feldman & Darby LLP today at (800) 827-2667 to discuss your claim and learn how our experienced workers’ compensation attorneys can protect your rights.