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What can a workman’s compensation attorney do for me? Work Injury Maryland

An explanation of what Maryland Workmans’ Comp Attorney’s can do for the injured employee

As an attorney I am often asked if it is necessary to hire a workmans’ comp attorney and for what purpose they would need an attorney.  It is often of great surprise lawyers in this field even exist, until one is faced with the reality of a work injury and how difficult it can be dealing with the insurance company.  Workman’s comp attorneys can be quite helpful in securing benefits for the injured worker in a relatively timely manner.  Most important to many, attorney’s in this field work on a contingency basis so the hurt employee does not have to pay out of pocket for representation.

For a Free Attorney consultation contact Maryland Workmans’ Compensation attorney Mr. Rodabaugh 

  +1 (410) 937-1659       OR         Email

 

A Maryland Workman’s Comp attorney can help obtain medical treatment

Our laws provide payment of medical treatment and consultations to injured workers through the applicable workers compensation policy of the employer.  The issue so many injured workers face is the reluctance on the part of the insurance adjuster to pay for certain medical treatment.  The insurance adjuster may deny treatment from the very beginning of the case- the first request for a consultation.  Treatment denials can come at any point and for any form of treatment including therapy, medication, injections, support braces, surgery, x-rays, MRI’s, or any other form of treatment.  The adjuster may at an unexpected time terminate treatment which can put the injured worker in a tough spot immediately.  One of the most common times for an adjuster to deny treatment is just after or just before an independent medical examination (IME).  When an IME is scheduled it is time to prepare for problems in the case.

If treatment is denied an injured worker can request a hearing before the Maryland Workers Compensation Commission.  While it is possible for the injured worker to do this on their own, it is in their best interest to have a Maryland workmans’ compensation attorney represent them.  There is no fee for a workmans comp attorney to represent the injured worker for a hearing to get medical treatment authorized.  Further, the injured worker is at a disadvantage by not being represented because on the other side there will be a workman’s comp defense attorney who is most likely very rehearsed on the law.

The workman’s comp attorney will request and obtain all relevant medical records for the hearing, pay for these records upfront and request reimbursement later.  In many occasions the attorney is able to negotiate with the adjuster to approve treatment rather than going to a hearing.  Being able to negotiate means being able to bargain or offer something in return.  A qualified and experienced workmans’ comp attorney will know what there is to offer in return that the injured worker may have not desire or want.  For example: A physician may be prescribing and filling pain medication.  The injured worker may have no interest in taking the prescribed meds and may be taking over the counter meds such as tylenol.  If the adjuster is denying physical therapy it may be possible to give up the right to pain medication at that time- in exchange for physical therapy.

If medical treatment is denied a Maryland Workman’s Compensation attorney can usually arrange for the injured to see a doctor immediately.

Not only is having medical treatment denied a true aggravation and inconvenience to the injured worker, but it can also cause relapse of symptoms, reduction of progress, or increased pain which ultimately requires more treatment.  To avoid the symptoms returning or worsening workmans comp attorneys are often able to have the injured worker seen immediately.  This can be very helpful and have profound effects  such as an early return to work, reduced cost on medication and treatment, and a sooner maximum medical improvement (MMI) date.

A Maryland Workman’s Comp attorney can help obtain lost and back wages referred to as temporary total disability

Injured workers being held out of work are entitled to temporary total disability.  Again, the law provides this right to those hurt at work however sometimes the adjuster is not willing to pay these wages, or not willing to pay these wages for as long as may be needed.  Just like denials of treatment, a Maryland workmans compensation attorney can file and prepare for a hearing to obtain lost wages.  This would include advice about what documents are needed to win lost wages, but also getting those documents for the injured worker.

On many occasions an injured workers lawyer can assist in obtaining the lost wages sooner than a hearing date.  There are a number of strategies we use to recover lost wages the adjuster would not willingly pay otherwise.

Maryland Workman’s Comp attorney’s can help find the injured worker a new occupation

Vocational rehabilitation is a program that is offered to injured workers if they are not able to return to work in the same occupation in which they were injured.  This is a right provided by Maryland law but is not usually offered by the adjuster.  A Workman’s comp attorney can assist with obtaining this benefit by means of a hearing or negotiations.

In order to qualify for vocational rehabilitation there must ordinarily be a completed functional capacity evaluation (FCE), sometimes a work hardening program needs to take place, and an agreeable vocational counselor selected.  Notably, some voc counselors are more insurance oriented then injured worker oriented and the selection of  the counselor can be the most important decision made in the voc rehab process.

Settlement of a work accident claim is important and hiring a workmans comp attorney in Maryland can help maximize the settlement amount

Certainly just about anyone can negotiate a settlement on a workers comp case.  But knowing the value of a case for the purposes of settlement is a quality that is found in attorneys.  There are alot of factors that go into determining the value of a claim and a workmans comp attorney with experience can highlight these factor and apply them to any particular case.  Some of which include:

  • At what stage of the case is settlement being negotiated? After the first permanency hearing, is the case contested and still in the first stage, has the case been accepted but there is a claim for ttd being made?
  • The amount of future medical treatment expected
  • The severity of the diagnostic tests performed
  • Nature of the injury
  • Parties involved play a huge part in settling claims.  Some adjusters, commissioners, are more generous than others.
  • Has a rating been performed? who performed the rating? Is there an industrial loss argument to be made?
  • Is vocation rehabilitation a possibility under this claim?
  • The injured workers wages and will they ever qualify for the maximum second tier rates?

It is understandable that some workers want to settle their claim on their own and avoid paying an attorney fee.  But if hiring a workmans comp attorney in Maryland will ultimately lead to a larger pay out then it is necessary.  As an additional note, most attorneys will not take a case if they do not believe they can recover more than the injured worker would obtain on their own. 

Workers Comp attorneys can help answer questions

For some injured workers, simply having the comfort and ability to reach out to someone who knows the answers to questions is a coveted feeling.  A qualified comp lawyer will be able to answer questions the injured worker has on a regular basis.  It is a confusion process, even for some new workers comp attorneys, so it is expected that injured workers are a bit confused. 

Maryland workman’s compensation attorneys do not charge hourly rates so questions will not cost the injured worker any money!  The attorney’s fee is recovered if the attorney obtains money for the injured worker. 

SEE WHAT A MARYLAND WORKMANS COMPENSATION ATTORNEY DOES ON A DAILY BASIS.  IT IS NOT JUST GOING TO A HEARING.

 

For a Free Attorney consultation contact Maryland Workmans’ Compensation attorney Mr. Rodabaugh 

  +1 (410) 937-1659       OR         Email

 

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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.  Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.
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