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What is workers comp ? Baltimore workers comp lawyer

Workers comp lawyers provide Free Consultations.  If you would like to speak with attorney Andrew M. Rodabaugh    Call Us,   Click to emailor fill out the contact form below!

What is workers comp?

This is a very fair question to ask.  Unless you have been injured on the job and gone through the workers compensation process, or witnessed a close family member or friend go through the workers comp process then there is no reason to have a clear understanding of workers comp.  What is workers comp is a question that is often asked by my clients because experiences with workers comp are generally limited.

Interestingly enough I have come in contact with employees that were previously injured, directly exposed to the workers comp system, and still have only a basic understanding of the system.  Minor injuries often accompany those with only a basic understanding of the system.  For them workers comp remains illusive.

So, what is workers comp – How it began

At one point in history injured employees were able to file a lawsuit against their employer in the event they sustained an injury on the job.  This at times led to extraordinary jury verdicts that would force the company to close its doors, or at least suffer financially while recuperating from the lawsuit.  Otherwise these lawsuits would fail and leave the injured worker with massive medical bills, and an inability to work any longer as a result of the injuries.  These two scenarios are examples of the extremes but were also the main force that led employers and employees to come together through the legislative process and create the workers compensation system.

Maryland workers comp legislation was drafted in 1902 which provided employees a number of benefits while shielding employers from lawsuits.  If employees are injured on the job, regardless who is at fault, they often are entitled to a number of benefits.  The benefits are provided by either a workers compensation insurance company that your employer has purchased, or the employer themselves if they are “self insured.”

note: Many people believe that workers comp is a government provided benefit- it is not.  This common misconception often leaves the injured worker confused as to why they are not immediately receiving the workers comp benefits they expected.  Workers comp is an insurance that is paid for by the employer.  Similar to auto insurance that is paid for by the driver.  The workers comp insurance company may challenge the case and often do which leads to a delay in benefits  

Confusion often arises and is then reinforced when injured workers receive correspondence or hear the name of the Maryland Workers Compensation Commission.  These are the judges for workers comp cases and are not in anyway affiliated with workers comp the insurance.

What is workers comp and what are the Benefits it provides?

Medical benefits– Workers comp is obligated to provide medical benefits.  Medical treatment is paid for by the employer.  Medical benefits may also include medication, slings, bandages, crutches, therapies, surgery, hospital visits and stays, diagnostic tests, prosthesis, and more. The employee may choose any doctor they wish as long as the doctor accepts workers compensation insurance and the insurer for workers comp is obligated to pay for the medical treatment.

Lost wages– If the treating physician advises that the injured worker is not able to perform their job and must takes some time off then workers comp is obligated to provide payments to the worker while off of work.  These wages are referred to as temporary total disability.

Vocational rehabilitation– In the event an employee, post injury, is no longer able to perform the physical part of their job as a result of the injury then workers comp would provide voc rehab.  Voc rehab is a program involving a vocational counselor who would assist the injured worker in finding a new job.  While the injured employee searches for work workers comp is obligated pay him voc benefits in the amount the same as his lost wages amount.

Permanency payments- Despite its name, only in very rare cases is this money paid on a permanent basis.  Permanent partial disability is a sum of money that is paid to injured workers who sustained an injury with lasting permanent affects.  In the rare circumstance that an employee, post injury, is unable to work in any capacity, they would seek permanent total disability.

 

Workers comp lawyers provide Free Consultations.  If you would like to speak with attorney Andrew M. Rodabaugh    Call Us,   Click to emailor fill out the contact form below!

 

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.
David B.CosmotologistBaltimore

 

 

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What is workers comp?
Article Name
What is workers comp?
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Most people have a general idea as to what workers comp is suppose to provide for injured workers however few understand where workers comp benefits come from, who provides workers comp, who is entitled to workers comp benefits, and whether workers comp benefits are guaranteed.
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Work Injury Maryland
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