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Workers' Compensation faqs

Baltimore Workers’ Compensation
Frequently Asked Questions

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. 

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.

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 at 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. 

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.   

    • Drivers’ name of all vehicles involved

    • Drivers’ license numbers, addresses, and phone numbers

    • Drivers’ insurance company and policy number

    • License plate number, year, make, model, and color of all vehicles involved

    • Registered owners’ names and addresses of all vehicles involved

    • Full name, address, and phone number of occupants in any of the vehicles

    • Full name, address and phone numbers of any pedestrians or other parties involved

    • Full name, address and phone number of any witnesses to the accident

    • Police officer’s name, department, phone number, and badge number

    • Actual location and any intersecting road

*** If you are only able to obtain one piece of identifying information, TAKE A PHOTO OF THE OTHER VEHICLE’S LICENSE PLATE. 

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. 

 

No. In Maryland, workers’ comp claimants can choose to see any doctor they want. 

 

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

 

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.