Workers Comp Lawyer

MARYLAND WORKERS COMP LAWYER 

Workers Compensation laws are designed to compensate an employee or their family members for work related injuries. But too often the benefits due are not paid.

Frequently victims are forced to suffer court delays and lengthy appeals before obtaining any Workers Comp benefits. Employees seeking Workers Comp need the assistance of a Baltimore workers comp lawyer who represents their interests and who fully understands this area of law.

The worker’s compensation insurance companies and your employer have insurance adjusters and attorneys who are very well trained to represent the insurance company interests only.

Insurance adjusters and Insurance Company Attorneys do not work for you and do not care about you. Insurance adjusters and Insurance Company Attorneys are under no legal obligation to tell you what benefits you are entitled to.

YOU NEED A WORKERS COMP LAWYER TO OBTAIN FOR YOU THE BENEFITS YOU DESERVE!

Workers’ compensation laws are meant to ensure that employees, who are injured on the job, are provided with the following benefits:

  • Excellent medical treatment
  • Lost wages until you can return to work
  • Vocational rehabilitation
  • Monetary award or settlement
  • Right to reopen your case if your condition gets worse for more money or medical treatment
  • Mileage reimbursement
  • The Workers Compensation laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses.

YOU NEED A WORKERS COMP LAWYER WHO HAS REPRESENTED ALL TYPES OF EMPLOYEES ALL OVER THE STATE

Being represented by an experienced Workers Compensation attorney is important. Attorney Marc Atas has successfully represented workers throughout Maryland in their Workers Compensation cases.

Baltimore Workers Comp Lawyer Marc Atas is also highly-experienced representing Maryland State Employees as well as Local Government employees who have been injured on the job in Baltimore and throughout the State of Maryland.

YOU NEED A WORKERS COMP LAWYER WHO IS FAMILIAR WITH ALL OF THE DIFFERENT TYPES OF CLAIMS

Not all on the job injuries are covered under Maryland’s Workers’ Compensation Law. There are two types of Workers Compensation claims.

  • Accidental Injuries-An accident at work at a specific time and place where an exact description of how the injury took place can be explained
  • Occupational Diseases-An injury caused by constant repetitive activity over a long period of time which is common in the type of employment the employee is doing

Consult with an experienced Baltimore Workers Comp Lawyer to see if your injury is covered.There are many injuries that occur off the work premises and sometimes off the clock that have some relationship to work and may likely be covered by Workers Compensation.

YOU NEED A WORKERS COMP LAWYER WHO IS FAMILIAR WITH ALL OF THE DIFFERENT TYPES OF INJURIES

Workers Comp Lawyer Marc Atas can help if you have suffered any of the following work place injuries:

  • Back Injuries
  • Neck Injuries
  • Injuries to fingers, hands, wrists, and legs
  • Repetitive Stress Injuries
  • Traumatic Twisting to Ankles and Knees
  • Disfigurement
  • Industrial Accidents
  • Longshoreman/Stevadore Injuries
  • Truck Accidents
  • Occupational Illness and Exposure

YOU NEED A BALTIMORE WORKERS COMP LAWYER WHO CAN GET YOU THE MEDICAL TREATMENT YOU NEED

Maryland law states an employee has the right to treat with the doctor of their choice when injured on the job. While a doctor may require you to get permission from an insurance company before they will provide treatment, Maryland Workers Compensation Law does not require such permission.

If the Insurance Company refuses to authorize the doctor visit and your Doctor will not see you without the Insurance company authorization, then The Law Office of Marc Atas and Associates can find you a well-qualified Doctor who will treat you without an Insurance company authorization.

YOU NEED A WORKERS COMP LAWYER WHO IS FAMILIAR WITH THE COURT SYSTEM AND THE COMMISSIONERS WHO HEAR THE CASES

When the Insurance Company refuses to authorize medical care or refuses to pay you for lost time, it will be necessary for your Workers Comp Lawyer to request a hearing and go to court to fight for your benefits.

Contact The Law Office of Marc J. Atas and Associates, Baltimore Workers Comp Lawyer to assist you with your workers comp claim.

Free Initial Consultation and NO Fees or Costs Unless We Win. We WILL GET YOU THE BENEFITS YOU DESERVE!

YOU NEED A WORKERS COMPENSATION LAWYER YOU CAN AFFORD.

Baltimore workers comp lawyer

Is there an initial cost to meet with you?

The simple answer is no. The initial consultation is free. Often, I can answer simple legal questions over the phone. My general philosophy with regard to giving legal advice is as follows.

If you have a relatively simple question, that can be answered based upon my present knowledge,I will be glad to answer to question or give you some guidance without charging you for my expertise.

I have had wide legal experience over more than thirty-eight years, so there are many topics that I am familiar with. If I do not know the answer, but can figure it out with minimal work,for an old client there is likely to be no charge.

If the matter is outside of my areas of knowledge or expertise, then I still encourage clients to call. I like to act as the gatekeeper for all of my clients’ legal problems. I keep a list of lawyers I recommend for all types of legal problems.

Most of these lawyers I personally know or have referred clients in the past with successful results. A lawyer can- not possibly know all of the laws in all of the areas of law. It is hard enough to know all of the law in one area of expertise.

The initial consultation is important to the lawyer as well as the client. For the client it is your opportunity to meet the lawyer and tell him about the case.

Questions should be asked of the lawyer regarding your case, as well as about the lawyer. Clients should size up the lawyer at that time to make sure the lawyer is someone the client wants to work with.

If you take my case, how is your fee determined?

Workers’ compensation fees are set by the Workers’ Compensation Commission. Workers’ Compensation fees are based on a percentage of any permanent injury award. If there is no permanent injury award there is no fee.

Workers Compensation fees are on a sliding scale starting at twenty percent of the permanent injury ward and as the award gets higher later amounts of the awarded fee are based on either fifteen percent or ten percent.

The workers compensation commission also sets a maximum fee that can be awarded in a worker’s compensation case. All attorney fees are paid by the insurance company from your permanent injury award or settlement usually at the end of the case.

If a hearing is required to get you paid for your lost time from work, there may be a fee allowed of ten percent of any back benefits ordered.

In addition, clients will be responsible for reimbursing the attorney for any expenses incurred by the attorney only if there is a permanent injury award or settlement Expenses are explained in the next section.

Workers Compensation

When an employee is injured on the job, there are three questions that repeatedly are asked:

1. What benefits am I entitled to and what is my Workers Compensation case worth?

2. How long will my case take?

3. What questions will they ask at a hearing?

The Blog articles below will attempt to answer those questions.

1. WHAT BENEFITS AM I ENTITLED TO AND WHAT IS MY WORKERS COMPENSATION CASE WORTH? 

There are numerous benefits you may be entitled to as a result of a work- related injury. Once you understand what benefits you may be entitled too, then you will understand what your case is worth.

2. HOW LONG WILL MY MARYLAND WORKERS COMPENSATION CASE TAKE?

Workers compensation cases can often take years to be completed. The road-map below will explain every step that will likely occur in your case and how long each step takes.

3. QUESTIONS ASKED AT A MARYLAND WORKERS COMPENSATION HEARING

Workers Compensation A to Z

Any employee injured on the job, is entitled to workers’ compensation benefits regardless of whether the accident is the fault of the employer or the fault of the employee, unless the employee is guilty of gross misconduct. Workers Compensation is a no- fault system.

Every employer in the State of Maryland is required to purchase workers’ compensation insurance.

You are not suing your employer when you file a worker’s compensation claim. All workers’ compensation benefits are paid by that insurance company and as long as there is insurance, the employer is not responsible for any payments.

Other than a workers’ compensation claim, no claim is actually filed against your employer, although he is notified that a claim has been filed with the Workers’ Compensation Commission.

Your employer has workers’ compensation insurance in order to protect you if you are injured on the job.  Workers compensation is a benefit your employer provides similar to health insurance, sick leave or vacation pay.

Avoiding Job Loss

You cannot be fired for filing a workers’ compensation claim. Maryland Law provides that it is actually a criminal offense to fire someone for filing a workers’ compensation claim, subject to one year in jail and One Thousand Dollar ($1,000.00) fine.

However, if an employer needs to replace you because your job is essential and they need someone to do the work, they do have the right to replace you and that may result in your job being not available when you return back to work.

If you can prove that they fired you specifically for filing the claim only, then you may have a right to file criminal charges, as well as a possible civil suit. If they do replace you, you may be eligible for vocational rehabilitation.

In order to avoid job loss it is essential that you keep your employer up to date on your treatment status and your return to work status. Frequent contact with your employer is the key.

If your employer never hears from you, they may assume you are not coming back to work and look for someone else. Remember that your employer hired you for a reason. The reason is because they need you. When you are out, the need still remains and the work still needs to be done.

Keep this in mind and try to go back to work as soon as it is physically possible. The longer you are out of work the more likely it is that you will be replaced.

If you are able to work, it is not necessary that you miss time from work in order to have a workers compensation claim unless it is an occupational disease claim. If it is an occupational disease claim, then there must be some disablement, so if necessary, you may want to miss at least 3 days or you will not have a ripe occupational disease claim.

If you cannot return to work full duty, ask the doctor if you can return to work on light duty. If the doctor returns you to work on light duty, make sure he tells you what your work related restrictions are.

Take those restrictions back to your employer and see if he can accommodate you.Your employer will appreciate that you are making an effort and can see first hand what problems you are having. If your employer does not accommodate you, at least he knows that the reason you are not there is because he cannot accommodate you.

The employer is likely to accommodate you because the insurance company will lie to him and tell him he has to accommodate you, not telling the employer that the basis for their advice is because the insurance company does not want to continue to pay you.

Lost Wages or Temporary Total

While you are unable to work, the workers’ compensation insurance company is responsible to pay two-thirds of your average weekly wage for every day you miss from work with a doctor’s excuse, except you do not get paid for the first three days until you have missed two weeks of work.

These payments are called temporary total benefits and are paid until the time when you have reached maximum medical improvement which means that they are paid until such time as the doctor says that your condition is now permanent and you will not get any better and no further treatment will help you.

Your average weekly wage is calculated by adding the last 14 weeks of gross pay together and then dividing by fourteen and this produces your average pay over that period. Workers compensation then pays you two thirds of that number.

If you have missed time from work for other reasons during those previous weeks than this will affect the amount you are paid while you are off. If you worked more hours around the time of the accident but less hours for other weeks this will affect the average.

Baltimore workers comp lawyerMedical Benefits

The workers’ compensation insurance company is responsible to pay for your medical treatment for the rest of your life, as long as the medical treatment is related to the work related accident. If you reach a full and final settlement agreement with the insurance company, then those medical expenses could be closed.

Most workers’ compensation cases stay open and can only be closed at the request of the employee. Under the Maryland Workers’ Compensation law the employee has the right to choose whatever doctor he would like to see, as long as the doctor is willing to accept payments under the Maryland Workers’ Compensation fee schedule.

In addition the employer has the right to have the injured employee seen by one of their doctors in order to determine if the treatment that the injured worker is receiving is necessary and reasonable, however, they have no right to demand that you treat with the doctor chosen by the employer.

It is not unusual for the insurance company to try and limit the amount of treatment you receive or refuse to authorize a visit to a doctor of your choice. Most doctors’ offices will not see you without a prior authorization from the insurance company.

Doctors fear they will not get paid unless there is an authorization. While this is not required by law, doctors do not want to have to go to court in order to be paid. If I handle your workers compensation case, I have a list of doctors that do not require a pre authorization before they will see you.

Even after you receive a permanent injury award you still have a right to go back to the doctor for additional treatment unless the medicals are closed and a medicare set aside is set up.

Workers Compensation Frequently Asked Questions

What is a Medicare Set Aside in a Maryland Workers Compensation Claim?

In a worker’s compensation claim, normally the insurance company for your employer is responsible for your medical treatment for the rest of your life.

The issue of whether Medicare was going to pay for expenses related to workers compensation cases or third -party liability cases has been out there since 1981.

The answer to this question was quickly answered in the workers compensation arena by Medicare with the requirements that Medicare must be considered by all parties in a worker’s compensation case before a case is settled and the medicals are closed.

In response to these issues the Maryland Workers Compensation board has taken the lead by requiring that all full and final settlement agreements that close the medicals take Medicare into consideration by way of a Medicare set aside and failure to do so will result in denial of the settlement approval.

The Maryland Workers Compensation Commission requires that all settlements have the following language in the body of the settlement. “Employer and Insurer also agree to reimburse Medicare for any provisional or conditional payments made by Medicare that are ultimately determined to be the responsibility of the employer and insurer, up to the date of approval by the Commission of this agreement.”

How long does a Maryland Workers Compensation case take?

A Maryland work injury attorney knows there is no time limit as to how long a workers’ compensation case will take. Because the case can stay open for the rest of your life, some case have continued for 20 or 30 years or longer.

The general flow of a workers’ compensation case handled by a Maryland work injury attorney is as follows: The claimant treats with the Doctor until the doctor decides claimant is at maximum medical improvement and will not get any better or until the claimant stops treatment on their own.

The claimant is paid for all time missed until they go return to work. The timing of these two steps is totally within the control of the doctor and claimant.

Once the claimant has completed treatment, then a a Maryland work injury attorney has to determine whether claimant can return back to the type of work they performed at the time of the accident.

If the Maryland work injury attorney determines Claimant can- not return to the type of work they performed at the time of the accident, then claimant will go through the vocational rehabilitation process. A Maryland work injury attorney knows the vocational rehabilitation process timing depends upon how long it takes you to find a job or how long your retraining program is although retraining is limited to two years.

Once your treatment is complete and you are back to work, then a Maryland work injury attorney knows you can move forward to receive your permanent injury award. In order to get the permanent injury award, you need to obtain a rating from a Doctor picked by your lawyer who will hopefully give a favorable rating.

Then the insurance company will schedule a rating with an insurance company doctor and then your case will be scheduled for a hearing. This process takes about 3 to 6 months.

Once you have your actual hearing with your Maryland work injury attorney, the decision from the Workers’ Compensation Commission can take as long as 30 days. The Insurance company then has 15 days to pay the order.

How long do I have in order to file a Maryland Workers Compensation Claim?

In accidental injury cases , the statute of limitations require that the claim must be filed within two years of the date of accident. Unlike an occupational disease, an accidental injury is usually one specific event that took place at a specific time and place and injury is usually noticed immediately or shortly thereafter. Accidental injury claims require an accidental injury, arising out of and in the course of your employment. Ex. I slipped and fell at work and injured my back.

In occupational disease claims employees or dependents of employees who have died have a two year statute of limitations from the date of disablement or 2 years from when the employee or dependent had actual knowledge that the disablement was caused by the employment. An employee who suffers from an occupational disease may recover workers compensation benefits.

Occupational diseases are generally caused by long-term exposures at work with a slow and insidious onset. Usually repeated activity at work all day 40 hours per week for several months or years. ex. I type 40 hours a week, 52 weeks a year and now one year after doing so, my doctor tells me I have carpal tunnel syndrome.

Can I be fired for filing a workers’ compensation claim?

The law says an employer can not fire someone for filing a workers compensation claim.In reality, if an employer wants to get rid of you badly enough, he will still fire you and probably get away with it.

Maryland Law provides that it is actually a criminal offense to fire someone for filing a workers’ compensation claim, subject to one year in jail and One Thousand Dollar ($1,000.00) fine. However, As far as I know, no states attorney has ever filed charges against an employer for firing an employee for filing a workers compensation claim.

When I first started practicing law, i sent a client over to the States attorney to see if they would press charges and the states attorney did not know what he was talking about. I then sent the client back to the states attorney with a copy of the law and they still refused to prosecute.

One employee filed a civil suit against the employer for firing him for filing a workers compensation claim.You would think the appeals court would see the light. The appeals court ruled, however, if an employer needs to replace you because your job is essential and they need someone to do the work, they do have the right to replace you and that may result in your job being not available when you return back to work.

If they do replace you, you may be eligible for vocational rehabilitation as part of your workers compensation case if you can prove you will never be able to do your old job due to your work related injuries.

Employers get around the criminal law by finding other reasons to fire you after you are injured on the job. If you were fired the day the employer found out you actually filed the claim perhaps someone would prosecute them.

The employer is usually smart enough to wait and come up with another excuse.Because the law says firing for filing the claim, an employer firing you because you were injured on the job , but before you file the claim would probably not qualify.

If you can prove that they fired you specifically for filing the claim only, then you may have a right to file criminal charges, as well as a possible civil suit.

Who will pay for my medical expenses?

The workers’ compensation insurance company is responsible to pay for all of your medical treatment for the rest of your life, as long as the medical treatment is related to the work related accident.

9-660. Provision of medical services and treatment

(a) In general. — In addition to the compensation provided under this subtitle, if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease the employer or its insurer promptly shall provide to the covered employee, as the Commission may require:

(1) medical, surgical, or other attendance or treatment;
(2) hospital and nursing services;
(3) medicine;
(4) crutches and other apparatus; and
(5) artificial arms, feet, hands, and legs and other prosthetic appliances.

If you reach a full and final settlement agreement with the insurance company, then those medical expenses could be closed. Most workers’ compensation cases stay open and can only be closed at the request of the employee.

The issue of whether medicare was going to pay for expenses related to workers compensation cases or third party liability cases has been out there since 1981. The answer to this question was quickly answered in the workers compensation arena by medicare with the requirements that medicare must be considered by all parties in a workers compensation case before a case is settled and the medicals are closed.

In response to these issues the Maryland Workers Compensation board has taken the lead by requiring that all full and final settlement agreements that close the medicals take medicare into consideration by way of a medicare set aside and failure to do so will result in denial of the settlement approval.

The Maryland Workers Compensation Commission Requires that all settlements have the following language in the body of the settlement. “Employer and Insurer also agree to reimburse Medicare for any provisional or conditional payments made by Medicare that are ultimately determined to be the responsibility of the employer and insurer, up to the date of approval.

How do I get my lost wages while I am out of work?

The workers’ compensation insurance company is responsible to pay two-thirds of your average weekly wage for every day you miss from work with a doctors excuse, except you do not get paid for the first three days until you have missed two weeks of work.

These payments are called temporary total benefits and are paid until the time when you have reached maximum medical improvement which means that they are paid until such time as the doctor says that your condition is now permanent and you will not get any better and no further treatment will help you.

Your average weekly wage is calculated by adding the last 14 weeks of gross pay before the accident together and then dividing by fourteen and this produces your average pay over that period.

Workers compensation then pays you as part of your Maryland Workers Comp benefits two thirds of that number. If you have missed time from work for other reasons during those previous 14 weeks than this will affect the amount you are paid while you are off. If you worked more hours around the time of the accident but less hours for other weeks this will affect the average. Overtime is included as long as it occurred within the 14 weeks. Vacation or sick time for which you were not paid may be excluded from this calculation.

In calculating wages in addition to your salary, the Maryland workers comp commission must also consider housing allowance, lodging allowance, personal use of business vehicle, meals provided by employer, and rent subsidy provided by employer.

Fringe benefits such as health insurance, pension benefits, 401K, IRA, lost vacation time are not included in the calculation of average weekly wage. This seems unfair since health and pension benefits could exceed the value of actual wages paid and often result in a lower wage because these benefits are paid in lieu of wages. Tips are included as part of the average weekly wage.

In calculating average weekly wage, periods of involuntary layoff and involuntary authorized absences are not included in the 14 weeks.Average weekly wage calculations should only include the weeks the employee actually worked as well as vacation days paid.If you worked less than 14 weeks because you are a new employee than only the actual weeks worked should count.

If your employer laid you off for a week or longer or failed to put you on the schedule for a week or longer those weeks should not count. Bonuses owed or incurred prior to the injury but not paid until after the injury should be considered.

Second jobs income will not be considered as part of your average weekly wage. In addition, if you choose to work your second job, while unable to work the job you were injured on , you will not be eligible for temporary total although you may be eligible for temporary partial.

How To Prepare For An Independent Medical Evaluation IME- Atas Law- (410) 752-4878

How To Prepare For Direct & Cross Examination At A Workers Comp Hearing- Atas Law- 410-752-4878

How To Decide If I Need An Attorney In A Workers Compensation Case- (410) 752-4878

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