Some jobs in Maryland, like working at the ports or offshore, in construction, or working in manufacturing or machine operation, are naturally more dangerous than others, like office jobs. However, people in white-collar jobs risk a workplace injury or may develop an occupational disease or illness (like carpal tunnel syndrome or thoracic outlet syndrome) that could have them out of work for weeks or be subject to invasive and painful medical procedures. If you were injured or developed a medical condition because of the working environment, you likely can receive benefits through your employer’s Workers’ Compensation insurance plan (even if you work for the government)
However, many things can go wrong between getting hurt at work and getting the benefits you deserve. Your employer could deny your claim, or the insurance company may claim it’s a pre-existing condition. If you’re struggling to get the full complement of benefits you deserve, or if your workplace accident was caused by the actions of a third party, a Parkville, MD, workers’ compensation lawyer can help you get the settlement you deserve. Contact the skilled attorneys at Parker, Pallet, Slezak & Russell, LLC today for a free consultation.
Maryland Workers’ Compensation – What You Need To Know
Almost all employers in Maryland provide workers’ compensation benefits to employees. This employer-sponsored coverage begins the day you start work—there is no waiting period. It’s intended to ensure that you have access to quality medical and rehabilitative care and provides a wage stipend so you can pay your bills while you’re out of work recovering.
Filing a claim seems straightforward, but your employer may not fulfill their end, causing a delay of benefits. Or, their insurance carrier may question the injury. It’s not uncommon for insurance companies to claim that an occupational illness is a pre-existing condition or that the worker’s own carelessness or negligence caused the injury, especially in higher-value claims.
If you have trouble getting your claim approved by your employer or your insurance company, or if you’re not getting your benefits as you should, it’s time to seek legal help.
What Does A Parkville Workers’ Compensation Lawyer Do?
Workers’ compensation attorneys help injured workers like you secure the benefits they’re entitled to and can draft and file an appeal for denied or minimized benefits. We also help you respond to inquiries from the insurance company, protecting your claim and ensuring that all requested forms and supporting documentation are properly submitted. If your claim is denied, we can appeal the denial.
Some people may be injured due to the actions of a third party. For example, if you’re a delivery driver and you’re in a wreck while on the job, the at-fault driver may be partly liable for your workplace accident. You have the right to file a third lawsuit against them—which we can handle for you—in addition to receiving your workers’ comp benefits.
Legal Help For Injured Maryland Workers
Has your workers’ compensation claim been denied or minimized? Do you need to learn more about your options for a third-party lawsuit? The attorneys at Parker, Pallet, Slezak & Russell, LLC, support their rights of injured workers like you, and we’re determined to ensure you receive the full array of benefits and other compensation you are entitled to. Contact us today for a free consultation with an experienced Parkville workers’ compensation lawyer.
What Benefits Are Available?
Workers’ compensation is a system designed to provide financial and medical benefits to employees who suffer job-related injuries or illnesses. The primary goal of this system is to ensure that injured workers receive the necessary support without the need for lengthy legal battles. A Parkville, MD workers’ compensation lawyer can help you understand the various types of benefits available in a workers’ compensation claim and help you navigate the process and secure the assistance you need during recovery. If you have issues with your benefits, call Parker, Pallet, Slezak & Russell, LLC for help.
Medical Benefits
Medical benefits are among the most critical aspects of workers’ compensation. These benefits cover the costs of medical treatment related to work-related injury or illness. This includes:
- Doctor Visits: Employees can receive treatment from medical professionals, including specialists, as necessary.
- Hospitalization: These costs are covered if the injury requires surgery or an extended hospital stay.
- Rehabilitation: Physical therapy, occupational therapy, and other rehabilitative services are included to help workers regain their strength and functionality.
- Medications: Prescription medications required for treatment are also covered.
- Medical Equipment: Any necessary medical equipment, such as crutches, wheelchairs, or prosthetics, may be included.
Employees must follow their employer’s guidelines regarding medical care, as workers’ compensation insurance typically requires the use of approved healthcare providers.
Temporary Disability Benefits
Temporary disability benefits provide financial assistance to employees who cannot work due to their injuries. These benefits come in two forms:
- Temporary Total Disability (TTD): If an employee cannot work during their recovery, TTD benefits replace a portion of their lost wages. Typically, this is about two-thirds of the employee’s average weekly wage, subject to state-imposed maximums.
- Temporary Partial Disability (TPD): If an employee can return to work but cannot perform their full duties or work fewer hours, TPD benefits help compensate for the reduced income. This benefit is usually calculated based on the difference between the employee’s pre-injury wages and current earnings.
Permanent Disability Benefits
In cases where an injury results in lasting impairments, workers may qualify for permanent disability benefits. These benefits are divided into:
- Permanent Total Disability (PTD): If the employee is deemed permanently unable to work in any capacity, they may receive PTD benefits for life or until they reach the age limit set by state law.
- Permanent Partial Disability (PPD): If the employee sustains a permanent impairment but can still work in some capacity, PPD benefits provide compensation based on the severity of the disability. Depending on state laws and the specifics of the injury, the benefits may be a lump sum or paid over time.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits assist injured workers in returning to the workforce. Your Parkville workers’ compensation lawyer will make sure you receive these benefits if appropriate in your case. These services can include:
- Job Training: Programs designed to help employees acquire new skills that accommodate their injuries.
- Job Placement Services: Assistance in finding suitable employment that matches the employee’s skills and limitations.
- Educational Assistance: Financial support for education or training programs to help the worker transition to a new career.
Death Benefits
In the unfortunate event that a worker dies due to a work-related injury or illness, their dependents may be entitled to death benefits. These benefits typically cover:
- Funeral Expenses: Costs associated with the employee’s funeral and burial.
- Survivor Benefits: Financial support for dependents, such as a spouse or children, to help replace the lost income.
Travel Expenses
Injured workers may sometimes need to travel for medical treatment or rehabilitation. Workers’ compensation can cover reasonable travel expenses, including mileage, public transportation fares, or lodging costs when traveling long distances for care.
Supplemental Benefits
In addition to the main categories mentioned, some states offer supplemental benefits, which can include:
- Cost of Living Adjustments: In some cases, benefits may be adjusted to reflect increases in the cost of living.
- Wage Loss Benefits: Additional compensation may be provided if the injured worker’s earnings are significantly impacted.
Call Our Office For Legal Assistance
Navigating a workers’ compensation claim can be complex, but understanding the types of benefits available is crucial. Seeking guidance from a knowledgeable Parkville workers’ compensation lawyer can also help ensure that workers receive the full extent of the benefits they deserve. If you have been injured, contact Parker, Pallet, Slezak & Russell, LLC for a free consultation for a free consultation.
Why Was My Workers’ Compensation Claim Denied?
Workers’ compensation provides vital financial support and medical benefits to employees injured or become ill due to their work. However, not all workers’ compensation claims are approved, and there are common reasons why an employer or insurance company may deny a claim. A Parkville, MD workers’ compensation lawyer can help you navigate the complex process of fighting a disputed or denied claim. Call Parker, Pallet, Slezak & Russell, LLC if you have issues collecting your benefits.
Failure To Report The Injury In A Timely Manner
One of the most common reasons a workers’ compensation claim is denied is the failure to promptly report the injury. Most states have strict time limits for reporting workplace injuries. If you don’t inform your employer about the injury within the required timeframe—typically ranging from a few days to a few weeks—the insurance company may deny your claim.
What to Do: Always report the injury to your employer as soon as possible, even if you believe the injury is minor. If your injury worsens, you must notify your employer within the required period. Documentation of your report and any medical visits will help support your case if a dispute arises.
Lack Of Medical Evidence
To approve a workers’ compensation claim, you must provide adequate medical evidence proving that your injury is work-related. If the insurance company does not receive medical documentation from a healthcare provider supporting your claim, they may deny it. This is especially common in soft tissue injuries (e.g., sprains or strains), where symptoms may not be immediately apparent.
What to Do: Seek medical attention as soon as possible after the injury and ensure that your healthcare provider is aware that the injury occurred at work. Keep detailed records of all treatments, diagnoses, and medical visits. If more than one doctor has seen you, ensure they are aware of your work-related injury.
Pre-existing Conditions
If the insurance company believes your injury or condition is related to a pre-existing health issue rather than your work environment, your claim may be denied. For example, suppose you have a chronic back problem and suffer an injury on the job. In that case, the insurer may argue that the injury is related to your pre-existing condition rather than a new, work-related injury.
What to Do: While a pre-existing condition can complicate a claim, it doesn’t automatically disqualify you from receiving workers’ compensation. You will need to provide medical records that show the injury is related to your job and not just an aggravation of a pre-existing condition. This can be challenging, but with the help of medical professionals, your Parkville workers’ compensation lawyer may be able to demonstrate that your work environment contributed to or exacerbated the injury.
Failure To Follow Safety Protocols
Your claim could be denied if the injury occurred because you failed to follow established workplace safety rules or were engaging in risky behavior. Workers’ compensation does not cover injuries caused by willful negligence, intoxication, or horseplay on the job. If the employer can prove that the injury resulted from reckless or inappropriate behavior, they may contest or deny the claim.
What to Do: Always follow workplace safety protocols and document any training you have received on safety procedures. If your injury occurred while performing a task you were trained for and following standard safety procedures, be sure to include that in your claim. If you were engaging in risky behavior, it may be harder to claim workers’ compensation, but you can still seek legal advice to determine your options.
Call Parker, Pallet, Slezak & Russell, LLC Today
If your workers’ compensation claim has been denied, or you’re unsure about the process, it’s essential to speak with an experienced Parkville workers’ compensation lawyer. They can guide you through the appeals process, help gather necessary evidence, and protect your rights. Don’t give up on getting the compensation you deserve — reach out to Parker, Pallet, Slezak & Russell, LLC today for a free consultation.
FAQs About Permanent Disability After A Work Injury
If you have suffered a work injury that has left you permanently disabled, a Parkville, MD workers’ compensation lawyer can help ensure that you receive all the benefits you are entitled to for this life-changing event. Call Parker, Pallet, Slezak & Russell, LLC to find out how we can help.
What Is Permanent Disability, And How Is It Determined?
Permanent disability refers to a condition resulting from a work injury that significantly limits your ability to perform work or daily activities indefinitely. In the context of workers’ compensation, it means the injury has caused lasting physical or mental impairments that will not fully heal or improve.
Determining permanent disability typically involves a medical evaluation by a doctor who assesses your condition and assigns a Permanent Disability Rating. This rating, often expressed as a percentage, reflects the severity of your impairment and its impact on your ability to work. Factors such as age, occupation, and the type of injury may also influence the rating. The higher the rating, the greater the compensation you may be entitled to receive.
Determining permanent disability varies by state, but it generally involves a combination of medical reports, functional capacity evaluations, and sometimes a review by an independent medical examiner.
What Benefits Can I Receive If I Am Permanently Disabled?
If your work injury results in permanent disability, you may be entitled to several types of benefits under workers’ compensation laws:
- Permanent Disability Payments: These payments compensate for the loss of earning capacity caused by your impairment. The amount and duration of payments depend on your disability rating and state laws.
- Medical Care: Workers’ compensation typically covers ongoing medical treatment related to your injury, including therapy, medications, surgeries, and assistive devices.
- Vocational Rehabilitation: If you cannot return to your previous job, you may qualify for retraining or education programs to help you find suitable employment.
- Lifetime Benefits: In cases of total permanent disability, where you cannot perform any work, you may receive payments for the rest of your life.
Consulting with a Parkville workers’ compensation lawyer can help you understand the benefits available in your specific situation and ensure you receive the maximum compensation allowed by law.
Can I Sue My Employer Or A Third Party For Additional Compensation?
Workers’ compensation laws usually prevent you from suing your employer for work-related injuries. However, exceptions exist, such as if your employer intentionally caused your injury or failed to carry workers’ compensation insurance.
If a third party (not your employer) contributed to your injury, you may have the option to file a third-party lawsuit. For example, if defective equipment caused your injury, you could sue the manufacturer for negligence. Third-party claims allow you to seek damages beyond what workers’ compensation provides, such as compensation for pain and suffering.
An experienced attorney can evaluate your case and determine whether additional legal action is possible.
How Will Permanent Disability Affect My Future Employment?
Permanent disability can significantly impact your ability to work, depending on the nature and extent of your impairment. If you are partially disabled, you may still be able to perform some types of work, though not necessarily in your previous occupation. Vocational rehabilitation programs can help you acquire new skills and transition to a different career.
For individuals with total permanent disability, returning to work may not be possible. In such cases, you may rely on workers’ compensation benefits, Social Security Disability Insurance (SSDI), and other resources to support yourself financially.
Have You Been Injured
Working with a Parkville workers’ compensation lawyer who can guide you through these challenges and help you plan for your future is important. They can ensure you receive the resources you need to maintain a reasonable quality of life despite your limitations. Call Parker, Pallet, Slezak & Russell, LLC to schedule a free consultation and ensure your future is protected.
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"I had an amazing experience with Parker, Pallett, Slezak and Russell. My lawyer was Carmen Slezak she was amazing her and her team worked with me every step of the way. Amazing staff always an amazing atmosphere, friendly, and if you like dogs they have one or two at the office. I'm so thankful and greatful to have met the staff and feel almost like family. Thank you again Parker, Pallett, Slezak & Russell law office."
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Parker, Pallett, Slezak & Russell, LLC
11450 Pulaski Hwy
White Marsh, MD 21162
Toll free: (410) 779-3590