- Our Attorneys
- Car Accidents
- Personal Injury
- Workers’ Compensation
- Medical Malpractice
- Criminal Defense
- Locations
- Contact
★★★★★ 5/5
4.9 Rating / 400+ Reviews
Workers' Compensation for
Public Safety Employees
hurt in an accident?
CONTACT HYATT & GOLDBLOOM
Baltimore Workers Compensation Lawyer For Public Safety Employees
Maryland’s workers’ compensation laws provide additional protections and benefits to public safety employees. Public safety employees include police officers, firefighters, paramedics, correctional officers, and other first responders.
Public safety employees are essential to the functioning of society and the well-being of our communities. However, the public safety field often involves stressful work conditions and a heightened risk of harm. As a result, public safety employees are more prone to certain work-related injuries and occupational diseases. Workers’ compensation laws account for these risks by providing specific legal presumptions and additional benefits to public safety employees. But without an experienced Maryland public safety workers’ compensation lawyer, you may miss out on certain benefits.
Public safety employees that sustain work-related injuries are entitled to a variety of workers’ compensation benefits. After a work-related injury, it is vital to contact a dedicated Baltimore workers’ compensation lawyer to ensure you receive proper medical treatment and compensation. The workers’ compensation lawyers at Hyatt & Goldbloom have advocated for injured public safety employees throughout the State of Maryland for over 30 years. Hyatt & Goldbloom recognizes the importance of public safety employees and the services they provide to our community. If you are a public safety employee injured in Baltimore or anywhere in Maryland, call Hyatt & Goldbloom today. Our experienced Maryland public safety workers’ compensation lawyers are available 24/7 to discuss your right to receive workers’ compensation benefits.
Who Are Public Safety Employees In Maryland?
The Maryland Workers’ Compensation Code defines the types of employees and occupations granted additional considerations within the public safety job sector. These presumptions and benefits vary depending on the specific type of public safety occupation.
Section 9-628(a) of the MD Lab. & Emp. Code (2019) defines the meaning of “public safety employee.” The law states that the following employees are considered public safety employees under the Maryland Workers’ Compensation Code:
- § A firefighter, fire-fighting instructor, or paramedic employed by: a municipal corporation; a county; the State; the State Airport Authority; or a fire control district;
- § a volunteer firefighter or volunteer ambulance, rescue, or advanced life support worker who is a covered employee under § 9–234 of this title and who provides volunteer fire or rescue services to: a municipal corporation; a county; the State; the State Airport Authority; or a fire control district;
- § a police officer employed by: a municipal corporation; a county; the State; the State Airport Authority; the Maryland–National Capital Park and Planning Commission; or the Washington Metropolitan Area Transit Authority;
- § a Prince George’s County deputy sheriff or correctional officer;
- § a Montgomery County deputy sheriff or correctional officer;
- § an Allegany County deputy sheriff;
- § a Howard County deputy sheriff;
- § an Anne Arundel County deputy sheriff or detention officer;
- § a Baltimore County deputy sheriff, but only when the deputy sheriff sustains an accidental personal injury that arises out of and in the course and scope of performing duties directly related to: courthouse security; prisoner transportation; service of warrants; personnel management; or other administrative duties;
- § a State correctional officer; or
- § a Baltimore City deputy sheriff.
What Special Provisions Apply To Public Safety Employees In Maryland?
The two main provisions that apply to Maryland’s public safety employees are (1) the presumption of certain occupational diseases; and (2) increased compensation levels (or tiers).
Presumption Of Occupational Diseases
The presumption of occupational diseases applies to specific medical conditions that public safety employees face a higher risk of contracting. These occupational disease presumptions apply to some categories of public safety employees but not others. Section 9-503 of the MD Lab. & Emp. Code (2019) states the types of public safety employees entitled to occupational disease presumptions and the specific conditions/diseases that apply to each.
The occupational disease presumptions for Maryland public safety employees apply to hypertension (high blood pressure), heart disease, lung disease, some forms of cancer, or Lyme disease. Law enforcement officers, firefighters, paramedics, and correctional officers are all entitled to an occupational disease presumption for hypertension and heart disease. Presumptions for specific types of cancers, like lung cancer, generally only apply to firefighters.
When the presumption of an occupational disease applies to a Maryland workers’ compensation claim, it is assumed that work-related conditions caused the public safety employee’s injury. The employer or the workers’ compensation insurance carrier must prove that the disease/condition resulted from a non-work-related cause to overcome this presumption. In effect, the presumption shifts the burden to the employer or insurance carrier, making it easier for the injured employee to receive benefits and prevail on the workers’ compensation claim.
Higher Rate Of Compensation For Disability Claims
The second type of provision that applies to public safety employees in Maryland involves enhanced compensation benefits. Under Maryland law, certain public safety employees are entitled to higher compensation levels than a regular employee would receive in a standard workers’ comp claim. These types of claims are called “Permanent Partial Disability” (PPD), which you can read about in more detail here “(link to general WC page). In effect, the higher workers’ comp disability rates for public safety employees result in double the compensation that a regular employee would get for the same injury. Yet another reason why it is so crucial to have an experienced Maryland public safety workers’ compensation lawyer by your side when defending your case.
Workers’ Compensation Benefits For Public Safety Employees In Maryland
If you are a public safety employee and have been injured on the job, you may be entitled to a variety of workers’ comp benefits depending on the circumstances of your injury. Some of the workers’ compensation benefits that you may be entitled to receive if you’ve been injured include:
Medical Expenses
Maryland workers’ compensation benefits cover all reasonable medical treatment and expenses that result from a work-related injury. Some examples of covered medical treatment include:
- Emergency room visits
- Follow-up doctor appointments or medical consultations with a specialist
- Surgeries
- Physical therapy
Also, for claims that involve a psychological injury, workers’ comp benefits may cover therapy or related treatment.
After a work injury, the workers’ compensation insurance company must approve medical expenses before an injured public safety worker can receive treatment. Receiving medical treatment approval is one of the most critical roles of a Baltimore workers’ compensation lawyer. The medical treatment approval process involves submitting specific paperwork and ongoing communication with the insurance company. An experienced Maryland public safety workers’ comp lawyer will coordinate the entire medical treatment approval process to avoid unnecessary delays and ensure timely medical treatment.
In addition, many health care providers will not accept third-party coverage, like personal health insurance or a health maintenance organization (HMO), for medical treatment resulting from a work-related injury. Relatedly, if health insurance does pay for treatment, the insurance company will likely pursue reimbursement (subrogation) from the workers’ compensation insurer. In other terms, your health insurance company will probably assert a lien on the workers’ compensation claim. In addition to coordinating medical treatment approval, a Maryland public safety workers’ compensation attorney will communicate with both insurance companies to ensure that all medical liens are resolved at the end of your claim. Whenever possible, your workers’ comp lawyer will negotiate with the insurance companies to reduce the lien amount and ensure you receive the maximum compensation possible for your injury.
Temporary Total Disability
Temporary total disability (TTD) is compensation that covers your wages for the time you miss work after a Maryland work-related injury. TTD is similar to “lost wages.” However, unlike standard lost wages in a regular personal injury claim, Maryland workers’ comp law calculated TTD using a specific formula. TTD cannot exceed two-thirds of the employee’s average weekly wage (AWW) and cannot exceed 100% of the state average weekly wage (SAWW). The Maryland Workers’ Compensation Commission calculates the SAWW for each calendar year. For 2021, the SAWW is $1,050.00.
TTD payments are NOT taxed. In general, TTD payments do not have a time limit, and the injured employee may receive payment until they can safely return to work. Ensuring that an injured employee continues to receive TTD payments is another critical role of a Baltimore workers’ compensation lawyer. Workers’ comp insurers often argue that an injured employee can return to work, and therefore, they will stop paying TTD. The Maryland public safety workers’ compensation lawyers at Hyatt & Goldbloom will fight these arguments to ensure that injured public safety workers receive TTD benefits during their entire recovery.
Permanent Partial Disability
An injured public safety worker may be entitled to permanent partial disability (PPD) after they conclude medical treatment and reach the fullest possible extent of recovery. Workers’ compensation law uses the terminology maximum medical improvement (MMI). Maximum medical improvement means your treating doctor(s) has determined that additional treatment will not improve your medical condition. The value of a permanent partial disability is calculated by a specific workers’ compensation formula, which the Maryland Workers’ Compensation Commission determines each year.
After an injured worker reaches maximum medical improvement, the extent of the permanent partial disability must be determined by two physicians. The two physicians include the injured workers’ physician and the insurance company’s physician. The extent of the permanent disability is quantified through the physicians’ “rating,” usually expressed by a percentage. For example, a physician may determine that an injured worker’s permanency rating is 20% for a shoulder injury. The 20% rating means that the injured worker has permanently lost 20% use of their shoulder. The worker’s physician and the insurer’s physician often calculate very different ratings for the same injury. An injured worker’s final rating, which determines their PPD compensation amount, tends to fall in the middle. Your workers’ comp attorney will negotiate a compromised percentage with the insurance company, or alternatively, a workers’ compensation commissioner will decide the rating at a formal issue hearing to reach the final rating.
There are two options when you receive compensation for permanent partial disability. Claims for PPD may be settled or stipulated. When a PPD claim settles, the injured employee receives the one-time payment for their disability and cannot reopen their claim. Because an injured worker cannot reopen their claim after a settlement, the insurance company usually agrees to a higher disability rating. In comparison, a stipulation will leave the injured worker’s claim open for five years after the final payment. While this often results in a lower permanency award, the injured worker can seek additional medical treatment or other benefits if their injury worsens in the future. The decision to settle or stipulate your workers’ comp claim will depend on various factors, including the nature and type of your injury. Your workers’ compensation lawyer for public safety employees will explain the benefits and drawbacks of both options to help you decide if you should settle or stipulate your claim.
Speak With A Maryland Public Safety Workers Compensation Lawyer Today
As a public safety employee, you work in high-stress conditions and face a heightened risk for injury. Because of this, Maryland law provides enhanced benefits and provisions to those public safety employees injured in the line of duty. If you are a public safety employee that has suffered a work-related injury or occupational disease, the Maryland public safety workers’ compensation lawyers at Hyatt & Goldbloom can help you get the benefits you deserve. We are available 24/7 at (410) 385-3180.