Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Workers’ Comp Questions Part Two

After my accident in October 2011 issues started piling up. I contacted Rebecca and the team at Warnken and have been astonished ever since. No matter how small the problem Rebecca has been there to take care of it; not only as my attorney, but more importantly a friend.if you are looking for a workers compensation attorney, look no farther. Warnken is the firm to use! They will fight to get you the correct care, benefits and make sense of the crazy situation that is workers compensation. -Travis A.

 

 

General Workers’ Compensation Questions

 

How much will I recover for a workers’ compensation claim?

Workers’ Comp claim awards vary dramatically from case to case.  It depends on a host of factors – what is the average weekly wage, how bad is the injury, was it truly a workplace injury, etc.  A good workers’ comp attorney is needed to properly assess the case.  Click Maryland workers’ compensation calculator to obtain a rough estimate.

What if I get fired for filing a workers’ compensation claim?

An employer is prohibited from firing an employee for exercising his or her legal rights.  Therefore, if you are fired for filing a workers’ compensation claim, you may have legal options for wrongful termination. Contact Us Now. 443-921-1100

Is it still called workman’s compensation?

Technically, it is now called Workers’ Compensation. However, some attorneys or employers may still refer to it as workman’s compensation.

What is the time that I have to file a workers’ compensation claim?

When you are injured, it is necessary for you to notify your employer within 10 days of the injury. Your employer is then required to notify the Commission of the injury. You have 2 years from the time that the employer notifies the Commission of the injury in which to file a workers’ compensation claim. Call us at 443-921-1100 to answer this question specifically.

Am I covered under Maryland Workers’ Comp?

Are car accidents while working covered?

The answer is that it depends.  If you are in a company vehicle, during working hours, then your injury is more likely to be covered.  If you are on an errand for your employer, your injury would also be more likely to be covered.

If I’m coming to work or going home from work, is that covered?

Generally, an injury that occurs if you are coming to or going home from work is not covered under Maryland law.  However, there are certain factors that may be considered in order to provide coverage for an injury sustained while going to or coming home from work, which include whether you are on your employer’s property, whether you are in a company vehicle, or whether there is a special hazard.

Are heart attacks covered injuries?

Yes.  Heart attacks would be covered injuries if it can be proven that you had a heart attack because of your employment.

If I hurt myself while playing on my office’s softball team, can I file a workers comp claim?

It depends. If the employer encouraged you to participate, the game was managed by the employer, it is a custom for your employer to have the softball team, you were compelled to participate, or the employer received a benefit from your participation, the injury would most likely be covered.

If I get injured while I’m on my lunch break, can I file a claim?

It depends on various factors. If you “clock out” for lunch and leave the employer’s premises, you are less likely to be covered for your injury. If you eat at your desk and are working while you are injured, you will be more likely to be covered.

If I hurt myself at work, and it was partially my fault, is that still covered?

In Maryland, an employee is entitled to workers’ comp benefits regardless of whether it is the employee’s fault that he was injured. There are exceptions to this general rule such as willful misconduct (disobeying a known rule or law), horseplay, or intoxication.

I hurt myself while on a business trip in another state. Can I still file a claim in Maryland?

Yes. If you are in another state but your employment is in Maryland, you may file a claim. You will only receive compensation, however, if the injury occurs while you are working and not while on personal errands.

As a result of my work-related injury, I have a scar on my leg. Is that covered?

Scars fall into the category of mutilations and disfigurement. You may be covered, but only if the scarring is permanent. The Workers’ Compensation Commission has the ultimate decision on whether you are covered for a scar. If you receive benefits for the injury to your leg, then you cannot also receive benefits for the scarring.

Who can get Workers’ Compensation in Maryland?

Can volunteer firefighters get workers’ comp?

Yes. Volunteer firefighters and volunteer rescue squad members are covered employees in Maryland.

Can white collar workers’ receive workers’ comp?

Any covered employee in Maryland can receive workers’ compensation for a work-related injury. Those employees who are not covered are Longshoremen and Independent Contractors.

Can I file a claim based on mental stress or emotional injury?

Whether your mental or emotional injury is covered in Maryland depends on whether there is some physical injury that came before or after the mental injury. Generally, there must be a physical injury for their to be compensation.

Additional Questions about being Hurt at Work

How do vacation pay, holiday pay, and sick leave related to my workers’ comp claim?

If you are unable to work because of your injury and you are paid for your time off by using vacation pay, holiday pay, or sick leave, your final monetary award will be reduced.  For example, if you are injured at work and as a result you miss twenty days of work, and you use sick leave for 5 of those days, you will only receive money for missing fifteen days from work.

I was injured at work and did not notify my employer of the injury in writing. Can I still file a claim?

The rule in Maryland is that an injured employee must notify their employer of their injury in writing or “otherwise.”  Thus, just because you did not notify your employer in writing, the employer may still be on notice of your injury, especially if it was witnessed by the employer or you required the assistance of 911. We can help you with specifics.

I have already received an award from the workers’ comp commission but my injury has gotten worse. What can I do?

Treatment of a work-related injury is a lifetime benefit as long as the treatment is reasonable and related to the first injury.  You have five years from the date you were last paid for the injury to re-open your case with the Commission.  If it is proven that the injury has worsened, then you may be entitled to further compensation for the injury.  You may also be entitled to file a new claim with the Commission.

What is an occupational disease?

Generally, an occupational disease is an ailment, disorder, or illness which is the expected result of working under conditions which are natural in the employment and is usually slow in developing.  Examples of occupation diseases include heart disease, lung disease, hearing loss, and hypertension.

If I work full-time during the day but was injured at my part-time evening job, can I receive benefits for both jobs?

You are only able to receive benefits from the job you were doing at the time you were injured.  If you are injured during your part-time job, you may only receive money based on your average weekly wage from the part-time job, even if the injury causes you to miss time from your full-time job as well.

Can I choose my own doctor to treat my work-related injury?

Your employer and your employer’s insurance company cannot demand that you see specific doctors for your work-related injury.  You may choose your own doctor, but be sure to inform the doctor that you are being seen for a work-related injury so that it can be covered by the employer’s insurance and so that your injury is well-documented as being work-related.