Know Your Rights

Know Your Rights

For immediate assistance call +1 (410) 937-1659 and speak with Mr. Rodabaugh for a free consultation.

Do Not Settle For Less!

If you have been involved in a work place injury in Maryland it is important that you know your rights and obtain all of which you are entitled.  Those who are unfortunate enough to be hurt at work often overlook important rights that are afforded to them under Maryland law.  The reality is that other than a workers compensation attorney there are not too many people that are willing to explain the benefits and help the injured worker obtain those benefits. 

Medical Treatment-
An injured worker is entitled to medical treatment to the injured body part for the remainder of their life
according to Maryland workers comp law.  There there is a huge gray area that only an experienced Maryland work comp attorney can help the injured worker understand.  While the statute gives the injured worker this right, the injured worker is still exposed to the contradicting rights of the employer.  The Employer is entitled to have the injured worker seen by an Independent Medical Evaluator (IME) see Definitions Page. If an injured employee re-injures the involved body part they may lose their right to treatment under the workers’ compensation case. Contact A Maryland workers compensation Attorney for discussion

Temporary Total Disability-
While your doctor holds you out of work, according to Maryland workers compensation law you are entitled to be paid, by the workers’ compensation insurer, two thirds of your average weekly wage
(Definitions Page).  It is important that you have a doctor that has issued you an our of work note.  Without a note you will likely be denied payments.  It also helps to get these benefits started if you can also provide the adjuster the medical records which supports your inability to work.

Temporary Partial Disability-
If you are working but not making the same wages you were making prior to the accident then you are entitled to Fifty percent of the difference of the pre- injury wages and post- injury wages.

See more on lost wages.

Permanent Partial Disability-
Once you are discharged from treatment you will qualify for permanent partial disability.  This will only apply in cases where there is some remaining physical problems, complaints, pain, or discomfort.
  Your Maryland workers comp Attorney will have you evaluated by a specialized orthopedic surgeon who will rate you.  You are rated for each body part that was injured in the accident by percentage i.e. 10% left arm.  These percentages are then placed in a legal equation and a number figure is determined.  The insurance company will also have you evaluated and rated.  Keep in mind that it is not simply running some calculations.  There are legal doctrines such as industrial loss, combined other cases, and the like that need to be factored in to any type of settlement or permanency agreement. (see Permanency v. Settlement)

 Permanent Total Disability
In very rare circumstances a person is not able to return to work in any capacity because of the severity of their injury.  If the injured Maryland worker is able to work in any fashion then he is not typically considered Permanently and Totally disabled under Maryland workers comp laws.  Only in complex cases with seriously debilitating injuries are permanent total disability benefits awarded.  In these cases a person is awarded benefits for the remainder of their life to be paid by the workers’ compensation insurer.

 Vocational Rehabilitation Benefits-
If you are no longer able to perform your work duties and the employer does not have an accommodation available you may be a candidate for Voc Rehab.  You will be assigned a vocational counselor and be required to search for employment while being paid by the insurer.  You will be required to accept a work position if it is considered to be suitable and gainful employment.  In short you will be required to take a job that is within your physical limitations and pays as close as practical to your previous occupation.

Vocational Rehabilitation Counseling-
A mutually agreeable counselor will be selected by your attorney and the insurance representative to counsel you in
finding different employment.  You will be required by this counselor to search for a certain number of jobs per week.  It is helpful to think of the vocational rehabilitation process as your current job.  You are paid to look for work.  The counselor is your boss, but can be tamed by your attorney if they step out of line.


Reimbursement of Expenses

The injured Maryland worker should not be required to make out of pocket payments for prescription medication, or be expected to pay parking when visiting their doctor.  If this happens the injured can be reimbursed through the workers’ compensation insurer.

Mileage
Under Maryland workers compensation laws the injured employee is entitled to be reimbursed for mileage they have placed on their vehicle when traveling to and from the treating doctors.  Insurance adjuster usually do not willingly pay this and very seldom do they advise the injured they have this right.  If that is the case than a hearing can be requested.

Transportation
In certain circumstances the injured employee is entitled to transportation to and from each scheduled doctors or therapy appointment.  Your Maryland workers compensation attorney may be able to arrange your pick up and drop off free of cost to you.

Additional Benefits
On occasion additional benefits can be obtained from the insurance company.  Mr. Rodabaugh has represented clients and successfully obtained financial advancements on multiple occasions, payment for weight loss programs, changes to personal vehicles to suite disability, and access ramps to the injured workers home.

For immediate assistance call +1 (410) 937-1659 and speak with Mr. Rodabaugh for a free consultation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIS PAGE IS ADVERTISEMENT MATERIAL
Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations.  Each and every case needs to be evaluated before legal advice can be provided.