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CONTACT HYATT & GOLDBLOOM
Providing Experienced & Trusted Representation for Injured Workers in Baltimore
Maryland’s Workers’ Compensation laws are designed to protect and assist employees that have suffered a workplace injury. However, the system is far from simple and straightforward. There are a significant number of rules, requirements, proceedings, and other steps with which an injured employee must comply to receive the full benefits. The role of a Baltimore workers’ compensation lawyer is to help the employee navigate the workers’ compensation system and ensure that he or she obtains every possible benefit available after an accident.
Coping with an injury and progressing toward getting back to work is a difficult task to take on by yourself. Our primary goal at the Law Office of Hyatt & Goldbloom is to ensure that the injured employee receives the treatment, tools, and compensation necessary to make a full and efficient recovery and, if the injury is permanent in nature, help that employee receive the maximum amount of money that the law allows.
Types of Worker’s Compensation Claims We Represent
Hyatt & Goldbloom’s Baltimore workers’ compensation lawyer will help you navigate the painful period shortly after an injury at work. Using the 60+ years of combined personal injury experience, as well as the passion we have for representing Baltimore’s working-class community, Hyatt & Goldbloom has the Baltimore workers’ comp lawyers to represent your case. If you’ve been injured in a work-related accident, seek consultation immediately. Common types of worker’s compensation cases include:
- Motor vehicle accidents
- Back or neck injuries from heavy lifting
- Construction accidents
- Defective workplace machinery
- Sprains, strains, or tears
- Exposure to hazardous materials
- Ladder fall accidents
- Fires or explosions
- Any other job-related injuries
Common Occupations That Give Rise To Baltimore Workers’ Compensation Claims
Although certain professions are more dangerous than others, a workplace accident can occur to anyone at any time. Since Hyatt & Goldbloom was founded over thirty years ago, we have represented injured workers from many different occupations throughout Baltimore. Nonetheless, we do recognize that certain fields and industries give rise to workplace injuries more often than others. Here are some industries Baltimore workers’ compensation lawyers represent injured workers for their Baltimore workers’ compensation claims:
Factory, Warehouse, and Heavy Machinery Accidents
Serious and potentially life-threatening injuries can occur in a warehouse and industrial work environments. Working directly with heavy machinery, there may be equipment malfunctions, general accidents, and injuries due to improper training. When these types of accidents occur, the resulting injuries can be severe, such as broken or crushed bones, lacerations, head trauma, electrical burns, amputations, or wrongful death.
Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), in 2018 approximately one in five worker deaths, out of the 4,779 worker fatalities reported in the United States that year, were in construction. Construction sites are inherently dangerous. Construction-related workplace injuries can be caused by falling objects, falls from ladders, electrocution, getting struck by construction materials, and construction equipment accidents. Many of these accidents result in severe injuries, including traumatic brain injury, concussions, electrical injuries, fractures, hearing loss, vision loss, broken bones, paralysis, and wrongful death.
Transportation Accidents
Truck and commercial vehicle drivers have dangerous jobs that give rise to high rates of workplace injuries and work-related fatalities. Those who work in the trucking industry have long hours, spend significant time traveling, and are exposed to various occupational risks.
Correctional Officers
Correctional officers work in high-risk environments on a daily basis. We have represented many correctional officers over the years, giving us an understanding of how commonly correctional officers get hurt on the job. Those who work in detention and penitentiary facilities can suffer physical or psychological injuries in any number of ways.
Healthcare Worker Injuries
Nurses, at-home care providers, and other healthcare professionals work under high-stress, dynamic conditions. As a result, healthcare workers frequently suffer work-related injuries.
Work-Related Illnesses
Work-related illnesses (or occupational diseases) can occur from repeated exposure to hazardous chemicals and other dangerous materials. Extended exposure to these toxins causes serious, potentially permanent, conditions. Some of these illnesses include respiratory illness, chemical burns, and various types of cancer, including mesothelioma.
Types Of Injuries Covered By Maryland Workers’ Compensation
Simply suffering an injury while on the job does not guarantee you are covered by Maryland’s workers’ compensation insurance. The Maryland Workers’ Compensation Act defines a covered workplace injury as “an accidental personal injury arising out of and in the course of employment.” Under this definition, there are two general types of covered incidents:
Accidental claim
A specific, unexpected event occurred while working on the job that directly led to your injuries. This could be a fall off a ladder while working on a roof, a slip and fall injury due to a hazardous substance, a car accident while driving for work, or a brick falling on your foot at a construction site. There are many scenarios where an accidental claim is valid in a Baltimore workers’ compensation claim.
Occupational claim
Often referred to as an occupational disease, which is an injury or illness suffered not from a specific incident, but as a result and through the course of employment. As examples, occupational claims arise from carpal tunnel syndrome and lung disease caused by long-term exposure to chemicals on the job.
Workers’ compensation claims are filed with the Maryland Workers’ Compensation Commission, the governing body for all aspects of the Maryland workers’ compensation system. When making a claim, you must also establish that the injury occurred at work. Alternatively, for an occupational disease, you must establish that the injury occurred through the course of your employment. For many claims, satisfying these requirements is not a problem. Nonetheless, issues can arise under certain circumstances. For instance, if the injury occurred while the employee was on their way to or from work, or if the injury occurred during a specific midday break.
These potential issues demonstrate why it is crucial to have a Baltimore workers’ compensation lawyer advocating on your behalf. There are specific rules and regulations involved in both the above-referenced scenarios. Additionally, the type of work you do could also provide opportunities when seeking workers’ compensation. For example, workers’ compensation for public safety employees such as police, firefighters, EMTs, etc. holds different standards than workers’ compensation for a construction worker. If such issues were to arise in your claim, the Baltimore workers’ compensation lawyers at Hyatt & Goldbloom would be able to step in and make the most persuasive arguments to advance your claim.
Types Of Benefits Available In A Baltimore Workers’ Compensation Claims
There are many potential benefits available to an injured worker filing a Baltimore workers’ compensation claim. Workers’ compensation benefits include payment of medical bills and treatment, temporary disability payments for the loss of wages, rehabilitation and training, and permanent injury compensation if a permanent injury occurs. In addition, Maryland law requires that all employers carry workers’ compensation insurance so your benefits are covered. If you are injured and your employer does not have insurance, the Uninsured Employers Fund (UEF) steps in to cover what your employer’s insurance should have.
The types and extent of benefits an injured worker may receive depends on the severity and nature of the employee’s injuries. Conflicts involving the severity of an employee’s injuries are common in workers’ compensation claims. Often the employer’s attorney, or more accurately stated, the employer’s insurer’s attorney, will argue that the employee’s injuries are not as severe as he or she states, that the claimed injuries pre-existed the workplace injury and that certain treatments/benefits are not necessary. When the opposing attorney makes these arguments, your lawyer will argue for the legitimacy of your workplace injury and resulting treatment. Unless resolved between the parties, the issue is then decided by a Commissioner at a hearing. If issues involving the extent of your injuries and treatment arise, having an experienced Baltimore workers’ compensation lawyer at your side can make a monumental difference in the benefits you receive. Here are the major types of benefits available to an injured worker making a Baltimore workers’ compensation claim:
- Temporary total disability benefits (lost wages while unable to work)
- Permanent total disability benefits
- Temporary partial disability benefits
- Permanent partial disability benefits
- Medical benefits & treatment
- Hospitalization benefits
- Vocational rehabilitation benefits
- Death and funeral benefits
In order to successfully obtain the benefits to which you are entitled, it is essential to have a qualified Baltimore workers’ compensation lawyer representing your interests. Receiving and organizing a majority of workers’ compensation benefits involves speaking with insurance adjusters. The adjusters, on behalf of the insurance companies, are responsible for actually issuing payments and benefits, such as temporary total disability. As is common with most types of insurance, adjusters respond differently when dealing with a lawyer because of the credible threat of litigation. With a Baltimore workers’ compensation attorney overseeing your case, the insurance company will be much more likely to issue the correct benefits, on the correct time schedule.
What To Do If You Suffer A Workplace Injury In Baltimore
If you suffer a workplace injury, the first thing you should do, aside from seeking any necessary emergency medical treatment, is contacting a qualified Baltimore workers’ comp lawyer. There are strict reporting deadlines involved with filing a workers’ compensation claim. The best way to avoid possible mistakes is to have a lawyer on your side, who can confirm all your bases are covered.
The first step in the claims process is reporting the injury to your employer. You should do this as soon as possible, stating the date of the injury and describing the circumstances surrounding the injury. Also, it is always best practice to email the notice, or otherwise put it in writing, so as to establish a paper trail. Missing a deadline could render you ineligible for benefits or cause a reduction in benefits. The second step is to note other employees who may have witnessed the injury. Third, you should request and seek medical treatment for your injury (in Maryland, you have a right to see any doctor of your choosing).
After completing these steps, if you did not already do so, you should contact a Baltimore workers’ compensation lawyer. Speaking with a lawyer prior to filing your claim will always be in your best interest. Fortunately, the Maryland workers’ compensation system is relatively fast in terms of distributing temporary total disability and approving initial treatment. Nonetheless, the one surefire way of making certain these initial benefits are received as quickly as possible, and to ensure all subsequent benefits are received in a similar fashion, is to contact Hyatt & Goldbloom.
How Long Do You Have To Report An Injury To Your Employer?
After a workplace injury, notifying your employer is one of the most important initial steps in the workers’ compensation process. Failure to report your workplace injury may jeopardize your ability to receive workers’ compensation benefits. Reporting deadlines differ depending on the circumstances and type of injury. Under Maryland workers’ compensation law, you must provide oral or written notice to your employer:
- Within ten days of an accidental injury
- Within thirty days of a death caused by a work-related accident
- Within one year of discovering a work-related disease or illness
- Within one year after a death caused by a work-related disease or illness
Unlike accidental injuries, occupational injuries/diseases are much harder to pinpoint because they result from workplace exposure over an extended period of time. Therefore, the nature of your injury and the benefits you are entitled to may be unclear. If you are unsure about your rights or potential claim or have any other questions about the workers’ compensation process, call the Baltimore workers’ comp lawyers at Hyatt & Goldbloom today. We will make sure you have the information needed to move forward, regardless of whether you decide to hire us for your claim.
How Long Do You Have To File A Baltimore Workers’ Compensation Claim?
Similar to reporting time limits, Maryland workers’ compensation law stipulates deadlines for filing a workers’ compensation claim. For accidental injuries, the time limit to file a claim is two years from the date of the incident. Occupational injuries or diseases have a different time limit than accidental injuries. For occupational injuries, the employee has two years from the date they were unable to continue performing their work duties to file their claim. Additionally, if a death occurred due to the injuries, the employee’s family has two years to file the claim. Meeting these deadlines is extremely important. If you fail to file your claim within the given period, you may be barred from bringing the claim at all.
After going through the workers’ compensation process and reaching a settlement, there are certain circumstances that may allow you to reopen your claim. A common example of this is when an employee’s condition and/or injuries worsen over time. If this is the case, the employee may be able to reopen their claim and apply for additional compensation within five years of the date of the accident.
Aside from these scenarios, there are other circumstances when your claim may remain open, such as if you are still receiving treatment for your injuries. So long as it is deemed your employer has the obligation to pay for your medical expenses, your claim may remain open.
Worker’s Compensation FAQs
What Is Workers’ Compensation?
Workers’ Compensation is an insurance program established by Maryland State law that all employers with one or more (full or part-time) employees have. Generally, Workers’ Compensation is an insurance benefit that all employers in Maryland have for their employees.
Do I Need A Lawyer For My Workers’ Compensation Claim?
It is strongly recommended that you hire an experienced Baltimore workers’ compensation lawyer to represent your interests during a workers’ compensation claim. The Maryland Workers’ Compensation Commission does not require a claimant to have a lawyer; however, having a lawyer is the best way to ensure you receive all the benefits entitled to you under Maryland law. In fact, if you attempt to handle your case pro se (on your own), the Commissioner will urge you to hire a lawyer.
What To Do If You’ve Been Injured At Work?
After receiving any medical treatment necessary to care for the injury, an injured worker should always notify his or her employer as soon as possible after a workplace injury. For an injury that is not an occupational disease, the reporting deadline for a Maryland workers’ comp claim is ten days from the date of injury. After (or before) reporting the injury to your employer, you should contact an experienced workers’ comp lawyer at Hyatt & Goldbloom. Our workers’ comp team will explain the workers’ comp claim process and immediately seek recovering your benefits by filing a workers’ comp claim on your behalf.
Next, if you are involved in an accident involving any injury at all, no matter how minor, call 911 and ask to receive assistance and the presence of an officer as soon as possible. Doing so will provide proof of the accident and will allow for an immediate investigation of the circumstances of the accident. Sometimes, if no injuries are reported and a vehicle does not necessitate a tow, you may be advised that an officer will not be responding to the scene. When an officer does respond, that officer will advise whether it is required for you to move your vehicle from the location. Please resist moving your vehicle before taking photos of its position and that of the other vehicle.
Do I Have To Prove That My Employer Was At Fault For My Injuries?
No! Maryland workers’ compensation law is a no-fault system. Regardless of whether the injury was your fault, so long as you were (1) an employee; and (2) the injury arose out of and in the course of your employment – then you are entitled to workers’ compensation benefits. There are times when an employer or the employer’s workers’ compensation insurance company will dispute whether the injury was covered. If this happens, an experienced workers’ compensation lawyer at Hyatt & Goldbloom will fight to make sure you receive the benefits you deserve.
Should I See A Doctor Immediately After A Workplace Injury?
In general, the answer to this question is yes. By seeing a doctor immediately after a workplace injury, you are documenting the nature and extent of your injuries and your employer cannot later argue you were not really injured.
Who Pays For My Medical Treatment In A Workers’ Compensation Case?
If your workplace injury is covered, then your employer must pay for all reasonable and necessary medical treatment. A common argument from the employer and/or the employer’s insurance company is that certain medical care/treatment is not necessary. Normally, the employer/insurer will have the employee see an independent medical examiner who may opine that continued treatment is not necessary. If this is the case, they will not have to pay until the issue is resolved at a hearing. Making sure these types of issues are efficiently resolved in your favor is an important role of an experienced workers’ comp lawyer.
What Happens If I Cannot Work Because Of My Injury?
Workplace injuries often result in an employee’s inability to return to work for a certain period of time. If this is the case, it is important to receive a disability slip from a doctor; that states you cannot return to work (or cannot return to full duty capacity) for a certain time period. If you are unable to return to work, you are entitled to temporary total disability benefits (TTD). Temporary total disability is similar to lost wages and will be paid at two-thirds (2/3) of your average weekly wage. Your average weekly wage (or AWW) is calculated by looking back from the date of injury for fourteen weeks and averaging your weekly pay. If you have questions about determining your average weekly wage or temporary total disability benefits, call the workers’ comp lawyers at Hyatt & Goldbloom: (410) 385-3180.
Call The Baltimore Workers’ Compensation Lawyers At Hyatt & Goldbloom Today
The Law Office of Hyatt & Goldbloom passionately protects the rights and interests of injured employees throughout Maryland. If navigated properly, the workers’ compensation system can be a highly effective tool, providing injured employees with the treatment needed to recover and return to work.
We are happy to answer any questions or concerns regarding a new, existing, or former workplace injury. An experienced Baltimore workers’ compensation lawyer is available 24/7 to discuss all your legal needs.