BALTIMORE WORKERS COMP ATTORNEY
BruceEmmerling / Pixabay
BALTIMORE WORKERS COMP ATTORNEY Andrew M. Rodabaugh Esq.
A Baltimore Workers comp attorney can not be hired too soon. Those who are injured on the job may be wondering if they need to hire a Baltimore Workers Comp attorney and when the best time to hire an attorney may be. While most cases would require hiring an attorney there may be some instances where the case is best handled by the injured worker without the help of an attorney. There are, unfortunately times when it may be very difficult to hire an attorney to handle a particular work injury case. There are other times that necessitate the hiring of a Baltimore workers comp attorney.
What do Baltimore Workers Comp Attorneys do for clients? CLICK HERE…
What do Baltimore Workers Comp Attorneys do on the daily basis? CLICK HERE…
Can the injured worker or his/her attorney end the representation? CLICK HERE…
Call , Click to email or just fill out the form at the bottom of the page and Baltimore Workers Comp Attorney Andrew M. Rodabaugh will contact you today!
Do you need to hire a Baltimore Workers Comp Attorney
In almost every instance it is best to have a lawyer on your side and especially when the adversary will have representation on their side. Every workers comp insurer has an attorney on their side, either regularly advising them or waiting on retainer for questions the insurance company may have. The workers comp adjuster has an attorney they can turn to for help with legal questions and guidance with the best practical decision such as when to terminate payment of medical bills or when to seek a second opinion. The injured worker should also have an attorney they can turn to to answer questions and guide them along the way. A Baltimore workers compensation attorney represents injured workers on a contingency basis so their is no out of pocket expenses until the injured worker recovers money the law provides for them. Every injured worker should seek out a free consultation from a qualified and experienced lawyer.
In only a few instances it may be best for a worker that is involved in the workers compensation process to move forward representing themselves. One scenario is that there was no injury sustained and the incident some how ended up reported to workers compensation.
When should you hire a Baltimore Workers Compensation Attorney
There is truly no best time to hire a lawyer to handle a compensation case. Most often- the sooner the better. There are certain milestones along the way that will increase the necessity for a lawyer.Once such instance is when the workers comp adjuster arranges an IME (independent medical evaluation) or second opinion. This could signal that the treatment thus far provided is likely going to be terminated, the lost wages or compensation thus far provided to the injured worker is going to be terminated, or that the entire case will soon be closed by the workers compensation adjuster. A Baltimore workers compensation attorney can help ensure these things do not happen and the sooner the attorney is involved the more prepared the lawyer can be.
Another instance when an attorney should be immediately consulted is when there is denial of treatment or if compensation payments have stopped.
If there is a hearing coming up in the workers comp claim a lawyer is likely necessitated. Workers comp hearings should not be taken lightly and failure to bring representation along can certainly lead to a postponement of the case, and most likely the workers comp commissioner urging the injured worker to seek out an attorney. If an injured worker goes to a hearing without representation they have a much greater chance of losing their case. Even if they are successful at the first hearing there will possibly be other hearing which they must prevail in order to maintain workers compensation benefits. A Baltimore Workers Compensation Attorney can help ensure the injured worker wins at the first hearing and continues to win at each and every hearing.
When is it too late to hire a Baltimore Workers Compensation Attorney
There is nothing more frustrating for an attorney than receiving a call from an injured worker who explains that they lost at the hearing and want to file an appeal. Often the deadline for an appeal has already passed or the damage is done and the chances of succeeding on appeal are slim to none. The frustrating part is that Baltimore Compensation attorney’s work on a contingency basis meaning representation from the beginning would not cost anything and the injured worker would only have to pay out of money the attorney recovers. There should be little hesitation to hire an attorney and often waiting too long can lead to someone unable to obtain representation at all.Often injured workers are willing to pay out of pocket for the attorney to represent them but under Baltimore law the attorney can not accept payments in this form.
In workers compensation arthritis and degeneration may come up as their defense. You can speak with Maryland workers compensation attorney Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
What can a Baltimore workers Comp attorney do for me?
As an attorney I am often asked if it is necessary to hire a workers’ 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. Workers 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.
A Baltimore Workers Comp attorney can help obtain medical treatment
Our laws provide payment of medical treatment and consultations to injured workers through the applicable workers Comp 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 Baltimore Workers Comp Commission. While it is possible for the injured worker to do this on their own, it is in their best interest to have a Baltimore workmans’ Comp 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 workers comp defense attorney who is most likely very rehearsed on the law.
The workers 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 Baltimore Workers Comp 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 Baltimore Workers 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 Baltimore workmans Comp 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.
Baltimore Workers 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 Baltimore law but is not usually offered by the adjuster. A Workers 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.
Maximize settlement by hiring a Baltimore Workers Comp Attorney
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 Baltimore workers 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 Baltimore workers comp attorney 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.
A Baltimore 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.
Baltimore workers Comp 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.
In workers compensation arthritis and degeneration may come up as their defense. You can speak with Maryland workers compensation attorney Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
What does a Baltimore Workers Comp Attorney do on a daily basis?
Alot of the daily work a Maryland Workers Compensation attorney does is behind the scenes. Baltimore Workers Comp Attorneys ordinarily stay quite busy behind the scenes despite what many assume. It is not unusually for a workers compensation attorney to be questioned as to exactly what tasks and work they are performing other than going to court. While court appearance do consume much of the attorneys’ time there are numerous other responsibilities that work injury lawyers must undertake.
A Workers Compensation attorney will attend Hearings and Court appearances
Depending on the particular comp case hearings at the commission level may be regular for any one client. If the adjuster or defense attorney is particularly difficult on that case the need for a hearing could be necessitated every three months. The need for a hearing may arise when medical treatment is not being authorized, lost wages have been cut off, pain management has been terminated, vocational rehabilitation is being sought, permanency money is being sought, or a number of other reasons. Along with hearings at the commission level there may be times the Baltimore workers comp attorney is handling a Maryland workers compensation appeal. Appealed cases enter the judiciary system and take on a whole different nature than those workers compensation cases at the administrative level. Appeal may require the lawyers presence at mediation, arbitration, depositions, pre-trial conferences, settlement conferences, circuit court hearings and court trials. See Definitions page
As a good rule of thumb and a very basic estimate, any one of the above appearances will not only take a few hours to prepare for but will also take a few hours to attend and conclude.
Documents the Baltimore workers comp attorney must obtain, review, and forward
Medical Records for the workers comp case
The need for medical records is paramount to any workers compensation case. They create the foundation of the claim and are the necessary support for ongoing treatment and lost wages. Because of this Maryland workers compensation attorneys are constantly requesting medical records on an ongoing basis. Most medical facilities do not send ongoing and updated medical records so the onus is on the lawyer to request medical records regularly. The process of obtaining a single set of records can take more than one month and often require follow up calls and requests.
Once these medical records are obtained the work injury lawyer should review the records to ensure that there is no notes that will affect the case but also to ensure that there is no outstanding medical prescriptions or recommendations that have fallen out of sight. Depending on the complexity of the injury or injuries a set of medical records can vary in size from one or two pages to several hundred pages. A copious review of medical records can take hours.
Correspondence during the Baltimore workers comp case
It is the work injury lawyers responsibility to keep in contact with numerous parties involved in the case. Not only should regular correspondence be sent to the injured worker but the injured worker should verbally communicate with the attorney regularly so as to provide updates and ask questions.
For a number of reasons the attorney may be required to communicate with multiple other parties involved in the case. This can include correspondence to the work comp adjuster, the defense attorney, medical providers, vocational rehabilitation experts and medical experts. On any given day a Maryland workers compensation attorney is having phone conversations, email conversations, and even digital text messages to these parties. It is not unusual for a work injury lawyer to spend several hours on the phone each day.
Forwarding documents
Under Maryland law any medical record that is obtained by either party must be provided to the opposing party. This means that the attorney must make copies of every medical record and forward the same to the opposing party. Not only are Maryland workers compensation attorneys required to send medical records to the opposing party but it is often necessary to forward medical records to other medical providers, vocational counselors, the workers compensation commission, and other insurance companies.
Baltimore Workers Comp attorneys draft Agreements of Final Compromise and Settlement
If there is any document that deserves a thorough review it will be the settlement documents that are drafted in a Maryland workers compensation case. Work injury lawyers must regularly review settlement documents to make sure that the language accurately reflects what the client expects out of the settlement. Not only do calculations determining the bottom line compensation pay matter but language addressing the intent of the parties regarding future and past medical treatment.
Within the settlement paperwork there will also be form documents the the Maryland Workers Compensation Commission requires to be submitted in every settlement. These must be accurately filled out and submitted otherwise the settlement may be denied. See the settlement process.
Workers Comp Attorneys Draft Legal Documents
There are numerous documents that work injury lawyers are required to draft on a regular basis. The most common of which are form documents. These can be found on the Maryland Workers Compensation website and are usually quick and easy to fill out however particular prudence must be exercised when doing so for their are some risks with inaccurate statements or requests. Whenever a hearing arises exhibit packets will be used. These will require a comprehensive review of the file with the intention of including documents in the exhibit packet that are pertinent to the specif hearing issues. In addition and as previously mentioned correspondence is a common document drafted. The attorney may be required to draft pleadings, motions, and discovery documents such as interrogatories, requests for admission of facts, and requests for production of documents.
Baltimore workers compensation attorneys Communicate with clients
It is necessary for the client and the work injury attorney to communicate on a regular basis. This may mean once a month, every two months, every three months, or may mean weekly for a particular duration of the case. When a work injury attorney is retained it should be discussed as to how often the client should contact the lawyer in order to keep him updated but also how often the client should expect to be contacted.
Research & Continuing Legal Education programs
As a Maryland work injury lawyer becomes more experienced the need to do research on particular scenarios or law will diminish. However on occasion a unique situation will arise that requires even the most rehearsed workers compensation attorney to do some research. Continuing Legal Education (CLE) can be time consuming but is necessary for attorneys. While this is often done on “personal” time the need to attend CLE is indefinite in the profession.
In workers compensation arthritis and degeneration may come up as their defense. You can speak with Maryland workers compensation attorney Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
Terminating the attorney and client relationship- Baltimore Workers Comp Cases
The relationship of an attorney and their client is optional on both sides. This means an attorney can terminate their representation of the client, but also the client can terminate the attorney as well. There are however some limitations and restrictions on both sides of the fence.
I have a work comp lawyer in Baltimore, can I fire him?
An injured worker currently being represented may chose to fire their attorney at almost any time if they are not happy with the counseling and representation that is being provided. Caution should be taken when doing so because this can often lead to delays in the case. Once the attorney is fired he or she will stop all work on the file until being contacted by a new attorney. What this means is that any progress in the case will be delayed until, first the injured worker obtains a new attorney, and second the new attorney is able to obtain records and get up to speed as to what the case is about.
When an attorney has put time, money, effort, and work into a case they are entitled to be paid for that work. The law provides that the terminated attorney is entitled to a portion of the fee when it is recovered. This fact alone may deter some new attorneys from getting involved as they would ultimately get a reduced fee.
With that being said, sometimes it is in the best interest of an injured worker to obtain a new attorney. When seeking out a new attorney it is prudent to speak with the attorney and explain exactly why the prior attorney was terminated and what your expectations consist of. If the new attorney feels they can not meet the expected standards then he can advise of the same and avoid a second change in counsel.
If you are thinking of terminated your Baltimore workers Comp attorney then consider reaching out to multiple attorneys for some insight. It is often best to salvage the relationship you have with your current attorney.
My Baltimore workers comp attorney fired me. Can she do that?
If an attorney feels that the representation is not working out he or she may chose to terminate that representation. There are however some ethical and legal limitations as to when the attorney can terminate the relationship.
A Baltimore workers Comp attorney is obligated to give the injured worker adequate time to obtain new counsel before any legal proceeding. If an attorney decided to terminate the representation just before a hearing date, say one or two days, this could prove harmful to the client and the clients case. If the relationship is terminated with inadequate time for preparation it could to be prove professionally damaging for the attorney. An attorney must be prudent of the clients interests when terminating the relationship and avoid any damage to the clients interests that may arise out of such termination
You can speak with Baltimore workers comp attorney Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
WEBSITE DISCLAIMER
THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers comp attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Baltimore Workers Comp attorney representation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, or wish to discuss workers comp attorney fees 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.
We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.