Kellie T. Barnes, Attorney at Law helps Maryland workers when they’ve been injured on the job and are thinking about going through the workers’ compensation claims process. Nobody wants to get hurt at work. But unfortunately, workplace injuries happen every day. When they do, you have options for getting workers’ compensation benefits, and my firm can help you through the process. Set up a free consultation today.
Can a Lawyer Help Me With Workers’ Compensation?
When you get hurt, your first priority is getting better. But if the injury happened at work, you also have to think about what happens to your job and your paycheck while you recover. That can make an already difficult situation even more stressful.
Workers’ compensation benefits are there to help, but actually going through that process isn’t always easy. In fact, it’s rarely a straight line. That’s when my team can step in and help you by:
- Explaining how the process works and what you can expect
- Looking into what happened and how you were injured
- Gathering medical records and other evidence
- Dealing with the workers’ compensation insurance company
- Helping you get the most out of your benefits
Again, this is a situation nobody wants to be in. But throughout Maryland, workplaces injuries happen every day. When it happens to you, you want to know what options you have and what you can do. That’s where my team steps in.
Why Would You Need to File a Workers’ Compensation Claim?
Obviously, the starting point of any workers’ compensation claim in Maryland is unfortunate: it comes out of workplace accidents and injuries. They happen in all kinds of different ways, but some of the most common things that lead to a workers’ comp claim involve:
- Bone fractures or breaks
- Severe sprains or strains
- Back injuries, including herniated discs
- Neck injuries
- Traumatic brain injuries (TBIs) and other head injuries
- Repetitive strain injuries (RSIs)
- Burns
- Lacerations or deep cuts
- Amputations
- Joint injuries and dislocations
- Hearing loss from workplace noise
- Eye injuries and vision problems
- Chemical exposure
- Respiratory problems
- Skin conditions caused by workplace exposure
- Crush injuries
- Spinal cord injuries and paralysis
- Tendon or ligament injuries
- Work-related heart attacks or strokes
- Heat-related injuries
- Frostbite or hypothermia
One thing that a lot of workers don’t realize is that a workers comp claim doesn’t always have to stem from one specific accident. Some workplace injuries develop over time because of repetitive work, heavy lifting, or continued exposure to harmful conditions. But one way or the other, there has to be a connection between your injuries and them happening at work. That’s easier said than done in some cases, but what it really does is underscore how important your information is.
What Information Can Help Me After I’m Hurt at Work?
A piece of relative good news with a workers’ compensation claim is that it’s a “no-fault” system. That means you don’t have to prove that your injuries were someone else’s fault to get benefits. But that doesn’t mean that your employer’s workers’ comp carrier is just going to automatically give you full benefits.
Instead, it works a lot like other insurance claims. That means they’ll look at the information and evidence there is and come to a decision. But before that happens, your top priority should be:
- Reporting the accident to someone in charge and getting medical help.
Everything else flows from that, so if you’re able, you’ll want to try to get a few basics like:
- Pictures/videos of the scene, unsafe conditions, damaged equipment and your injuries.
- Contact information for anyone who saw the accident or came to help afterward.
- The names of your supervisors or managers and who you reported the injury to.
That’s about as much as you reasonably can do there at the scene. Once you’ve gotten medical care and are at home, things will begin to settle down. However, in the next few days, other pieces of important information is going to start coming in, like:
- Your medical records, which connect your injuries to the accident itself and are a crucial part of the timeline.
- Your employer’s incident report, which details when the accident happened and what was reported to workers’ comp.
- Video footage from the worksite. This can come from security or surveillance, but also from nearby cell phones.
- Progress pictures of your injuries as they’ve healed or regressed.
- Notes and records that talk about the time you’ve missed from work and any restrictions.
- Statements from coworkers or others that helped you.
Obviously, it sounds overwhelming to think about trying to keep track of all these things while you’re also in pain and just trying to keep up with your bills. But the fact of the matter is that the stronger your information is, the better your chances are at getting the full benefits you’ll need to get back to work.
What Claims Options Do I Have If I’m Hurt at Work?
It’s true that there’s a lot of different ways you could get injured on the job in Maryland, and just like there’s a lot of variables there, there’s a lot of different variables that come with workplace injuries. But there’s two main things you can do in terms of filing a claim and getting financial help:
- Filing for workers’’ compensation. Virtually every employer in Maryland is required to carry some form of workers’ compensation insurance, so a workers’ comp claim is usually the first place you start. That involves reporting the accident to your employer, then filling out and turning in a claim form. From there, that gives you access to certain benefits like:
- Medical care you need for your work injury.
- Temporary total disability benefits while your injury keeps you from working.
- Temporary partial disability benefits if you return to work for less pay because of your injury.
- Permanent partial disability benefits if your injury leaves you with a permanent impairment but you can still work.
- Permanent total disability benefits if your injury leaves you permanently unable to work.
- Help with training, job counseling, or finding other work if you can’t return to your old job.
- Reimbursement for certain wages you lose while attending required medical examinations or Commission hearings.
Workers’ comp can help with medical care and some of the income you lose while you recover, but it doesn’t cover every type of loss that can come with an injury. That’s where your other option comes in.
- Personal injury claim. In the event that your injuries happened due to someone else’s negligence, you might also be able to file a personal injury claim. Of course, this takes actually proving negligence, so the standard is a bit more difficult. But once you’re able to do that, you can file an insurance claim outside of court or a personal injuyr lawsuit to try to get “damages” relating to your:
- Current and future medical expenses
- Lost income and reduced future earning capacity
- Pain and suffering
- Emotional distress
- Reduced quality of life and other losses connected to the accident
There can also be an overlap between the two claims, including rules about reimbursement when workers’ compensation has already paid benefits. But one way or the other, you don’t have to sort through all of that on your own. My team can help you understand your options and what makes sense for your situation.
Frequently Asked Questions
How long do I have to report a workplace injury in Maryland?
Maryland generally requires you to give your employer notice of an accidental workplace injury within 10 days. But you shouldn’t wait that long if you can avoid it. Let your employer know what happened as soon as possible.
How long do I have to file a workers’ compensation claim in Maryland?
For an accidental personal injury, Maryland generally requires you to file a claim with the Workers’ Compensation Commission within 60 days of the injury. There are exceptions to this rule, and some circumstances can affect the deadline. Because missing a deadline can create serious problems for your claim, it’s a good idea to deal with it as soon as possible.
Can I still file for workers’ comp if I’m hurt at home?
Usually, workers’ compensation covers injuries that happen in connection with your job. But there can be exceptions, especially if you were working from home or performing a job-related task when you were injured. The details of what you were doing and why you were doing it matter.
Kellie T. Barnes, Attorney at Law Helps Injured Workers in Maryland
Getting hurt at work can turn your life upside down. You may be dealing with medical appointments, time away from work, and uncertainty about what happens next. You don’t have to figure out the workers’ compensation process by yourself.
Kellie T. Barnes, Attorney at Law, will be there to help you understand your options, deal with the insurance company, and work through the claims process with you. Set up a free consultation today to get started.