- June 12, 2017
- Posted by: admin
- Category: Workers Compensation
Maryland Workers Compensation Claim
When a person is injured on the job, there are many people the injured party will have to deal with in order to receive the benefits they are entitled to under a Maryland Workers Compensation claim:
*Claimant in a Maryland workers compensation claim -the person injured on the job and is now filing a claim for benefits as a result of said injuries.
*Employer in a Maryland workers compensation claim-the company that the claimant works for. Each employer is required to have workers compensation insurance which provides benefits required by Maryland workers compensation law.
*Maryland workers compensation claim attorney.
There are at least two Maryland workers compensation claim attorneys involved in every Maryland Workers Compensation claim case.
One Maryland workers compensation claim attorney represents the claimant. The claimant is the injured party who is hurt at work.The claimant needs an attorney for several reasons. First claimant’s employer or the insurance company will have a lawyer. Second workers compensation law is very complicated.Three – A lawyer can speak on your behalf.Finally, a lawyer can anticipate issues and resolve problems on behalf of the claimant.
The insurance company Maryland workers compensation claim attorney represents the insurance company and your employer.Do not speak to this attorney as he does not care about you and only does what is in the best interests of his client.
The Subsequent Injury Fund Maryland workers compensation claim lawyer- this attorney represents the Subsequent Injury Fund which provides benefits for employees with previous medical problems that receive serious new injuries at work.
Insurance adjuster for the Maryland workers compensation claim-representative from the insurance company who pays your benefits, approves your medical treatment and pays your medical bills. They work for your employers insurance company. Their only legal obligation is to the insurance company and the employer. You should never talk directly to the adjuster. Only your attorney should talk to the adjuster
Rehabilitation Nurse for the Maryland workers compensation claim. They are often hired by the insurance company and sometimes work in house at an insurance company. While they are paid by the insurance company, they have a separate ethical obligation under nursing ethical rules to do what is in the best interests of the claimants’ health. Claimant is encouraged to cooperate with the nurse.
Claimant can often ask the nurse to get treatment approved by the adjuster. While an adjuster will normally not approve treatment without a medical report from the doctor, when the rehab nurse is involved the adjuster will often approve treatment based upon rehabilitation nurses’ recommendations because the nurse was present during the medical evaluation. While the nurse has a right to attend your medical appointment, they do not have a right to be in the room at the same time.
If you want them to wait until you are done let them know in advance so that they can schedule their own time with the doctor. It can often be helpful to have the nurse in the room when you are seeing the doctor, as the nurse has training on asking the doctor the right educated questions that you may not think of and it would be helpful if you are present when the nurse asks the doctor the questions.
Vocational rehabilitation Counselor for the Maryland workers compensation claim-They have to be agreed upon by both parties. Their job is to determine whether you can return back to your old job or employer or come up with a plan to find or train you for new work. While they are required to work for the benefit of the employee they do not have the same ethical obligation as the rehabilitation nurse, so be careful what you tell them that is not directly related to the case.
Workers Compensation Commissioner for the Maryland workers compensation claim- judge who decides your case if the parties are unable to agree. He is the umpire in your case. While the workers’ compensation law and system is set up to protect the employee, the commissioners job is to be fair to all sides and rule based upon the law.
Because there are so many people involved in a workers compensation claim, it is very important that the claimant (injured party ) have his own lawyer.
Please see more info on Workers Comp, CLICK HERE.