Workers' Compensation

Debora Fajer-Smith is the head of the firms Worker's Compensation group. You can contact her at 240-553-1173.

FREQUENTLY ASKED QUESTIONS
We care about you.

During the past 20 years, we have noted that employees are often shy about filing a claim – until they realize its importance. We strongly suggest you retain counsel and at least file a claim if you have been injured or harmed at work. Why?

1. You are not “suing” your employer when filing a workers compensation claim in Maryland. In fact, there are only rare circumstances when you would be permitted to do so. Workers compensation is a state statutory scheme and extremely regulated. Employers are required to obtain workers compensation insurance for their employees and have already paid premiums for your coverage.
2. There are notice requirements and special forms that must be filed with the Workers Compensation Commission, not just notice requirements with your employer. If you miss them, you cannot go backwards. However, if you do your proper filings in the beginning, you may well be protected for coverage as long as you need.
3. Each work related injury is different and may have special requirements imposed for acceptance – for example:

   Hernias
   Carpal Tunnel Syndrome
   Sick Building Syndrome
   Assaults
   Slip and Falls
   Rotator Cuff Injuries
   Back Pain
   Death Claims

   These are all treated with specific requirements and time deadlines.
4. In addition to death benefits for a job related accident, a dependant may qualify for benefits, subject to meeting requirements.
5. You cannot pay an attorney in advance for attorney’s fees. Only if the fee is approved by an Commissioner and set by the Commission, is a fee awarded out of the award.
6. Once you have an injury, three different scenarios can occur:

A.
You file to protect yourself.
You feel better.
No further action is necessary but you have protection if your condition worsens.

B.
You don’t file because you think you’ll get better soon. Complications develop or you get worse, and then, if the proper time passes, you cannot go back and claim it.

C. Best scenario
You do have an accident, you do file and meet all the statutory requirements to perfect your claim, you are represented by an attorney. The Worker's Compensation Commission grants you an award. You treat, but are still left with some residuals and limitations.

You are so happy you have protection and may be entitled to:

1. Medical coverage related to the case for the rest of your life.
2. Vocational rehabilitation for a different job within your limitation.
3. Permanency benefits awarded as a weekly supplement.
4. Lump sum settlement.

Summary

All of these are examples, individual cases depend on their facts and must be analyzed by counsel. Please call the office and schedule a free consultation. We ask that you bring all relevant paperwork with you. If you are not concerned about yourself, protect your loved ones.