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Maryland Workers Compensation Misconceptions and Confusing Facts

Common Misconceptions regarding Maryland Workers Comp cases

There are a number of confusions when dealing with Maryland workers compensation that lead to misconceptions among the public.  It is important for those injured on the job as well as practitioners to know these misconceptions so they have a better understanding of the benefits Maryland law affords but also know how to better navigate their workers compensation case.

For further clarification a free consultation is only a phone call away.  Contact Maryland Workers Compensation attorney Andrew Rodabaugh at  +1 (410) 937-1659     OR         Email

  • Maryland Workers’ Comp

The term Workers’ Comp is often misconstrued and used in various ways to imply a certain party involved in any given workers compensation case.  Workers’ Comp can be used to refer to the Maryland Workers Compensation Commission who are the judges for workers compensation cases.  Workers’ Comp can also be used to refer to the party that will be paying for medical bills, lost wages and expenses- in this reference Workers Comp is actually the workers compensation insurance carrier.  A third and often use is when someone is referring to workers compensation benefits– “Hey John, you should claim workers comp.”

Terminology alone can often create confusion.  In order to understand the basic language of Maryland Workers Compensation cases further reading may be necessary.

  • Lifetime medical benefits under Maryland Workers Compensation

Even some of the more rehearsed workers compensation attorneys have fallen into using this statement although it is not necessarily accurate and creates some misconception among the public.  An injured Maryland worker is entitled to medical treatment to the injured body part and any body part that may develop issues because of the primary injury.  What creates the confusion is that there is a common inaccurate understanding of the extent of medical treatment to which the injured worker is entitled.  The applicable Maryland workers compensation law states   the workers comp claimant is entitled to treatment “for the period required by the nature of the accidental personal injury….”  The Maryland Labor & Employment Article section 9-606.  In non legal jargon this means that if the injury is minor then the employee will not be covered by workers comp insurance for life.  In fact the nature of most injuries do not require lifetime medical coverage.  For further reading on this topic see Medical Coverage for life.

  • My workers comp case was settled but I am confused about medical coverage

The term settlement is often misused when referring to a workers compensation claim.  There are full and Final settlements which often close out any future rights to medical treatment as well as money.  There are also”mini settlements” which are referred to as permanency awards.  In many cases the option to obtain future medical treatment will be retained.  In addition there are various other forms of final compensation that are available and lead to the confusion when seeking medical coverage or other benefits under a Maryland Workers Compensation claim.

  • Hurt at work and Workers Comp won’t pay for my treatment

Very often injured workers are told by their employer, friends, co-workers, or other sources that if they are hurt on the job in Maryland then workers comp insurance will pay for the medical treatment and any lost wages they may have.  When the injured worker begins the process of obtaining these benefits they are shocked that treatment is denied or lost wages are not paid.  The confusion in the workers compensation process begins at this point because the injured worker was under the impression that everything would be taken care of no questions asked.  However, Maryland provides workers compensation insurers, “workers comp,” rights under the law as well.  Workers comp is entitled to get a second opinion as to the necessity of the treatment, the employees ability to work versus necessity to stay home and rest, and whether the incident necessitated the need from treatment.  These second opinion or Independent Medical Evaluations (IME) are the right of the insurer and lead to denials, delays in treatment, and delays in lost wage payments.

  • I never thought I would need an attorney to help with my Maryland Workers Compensation Case

This is a common statement among many of my clients.  More often than not, obtaining an attorney for a Maryland workers compensation case is a necessity if the injured worker wants all the benefits to which they are entitled by law.  Even if the injured worker only wants what they perceive as fair it is usually a good idea to obtain counsel.  There are numerous legal actions that must take place in order for the injured worker to receive what is fair.  A proper workers comp claim must be filed, compensation must be obtained to prevent the statute of limitations from running, the injured should know all about  their entitlements, and the injured worker needs to have someone to turn to with questions.  Not convinced?  Maryland Workers Compensation Attorneys are only paid out of compensation recovered and here are more reasons to hire an attorney.

 

For further clarification and help with your Maryland workers compensation case a free  consultation is only a phone call away.  Contact Maryland Workers Compensation attorney Andrew Rodabaugh at

+1 (410) 937-1659     OR         Email

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