Frederick County Workers Compensation Attorney
THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH ANY WORKERS COMPENSATION INSURER. FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND. Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written. This information and does not create an attorney to client representation.
Frederick County Workers Compensation Attorney Andrew M. Rodabaugh can help! No fee unless money is recovered!
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A Frederick County workers Compensation attorney ready to help you!
A workers compensation attorney can assist in recovering all the benefits an injured worker may be entitled to according to Maryland law if he or she has a viable workers compensation claim. These include being paid lost wages while being held out of work by a doctor, paid for medical treatment, vocational training, and a settlement or recovered compensation referred to as permanent partial disability. A Frederick County workers compensation attorney will first attempt to convince the workers compensation insurance adjuster to pay these benefits. If they are not paid then the Lawyer will request a hearing before the Workers Compensation Commission. While the main office of the Commission is located in Baltimore City there is fortunately a location in Frederick Maryland at which most hearing can be held.
Deciding when to hire a workers compensation attorney can be difficult as many injured workers do not want to “rock the boat” when things seem to be going smoothly. There is a best and good time to actively retain a Frederick County workers compensation attorney. When an attorney
Do I have a viable workers compensation case?
In order for a Frederick County Workers Compensation attorney to represent an injured worker in a work injury case the incident or occupational disease must be whats referred to as “compensable.” Analyzing a injured workers claim to determine if it is a valid claim can be complex and even more complex to explain in writing however there are a number of major factors to consider when determining compensability. First, the Frederick County workers compensation attorney will make sure that the injury took place within the relevant statute of limitations period. That is one year for occupational diseases and two years for accidental injuries.
The type of accident should also be considered when evaluating a claim. Trips, slips, falls, lifting, pushing, and pulling injuries are usually covered under workers comp if they happened while at work performing work tasks, during work hours. Auto mobile accidents are also usually covered if the employee was working while driving such as is often the case for truck drivers, delivery agents, and transportation agents. Accidents involving falling objects, being assaulted, being poisoned in some form (inhalation, ingestion, chemical burns), and machinery malfunctions or machine operator mistakes are all potentially viable claims. Occupational diseases including carpal tunnel, cancers, and others are also considered to be viable workers comp disabilities if other factors are present.
A third consideration the Frederick County Workers Compensation Attorney will consider when evaluating a case is the type of employment present. Was the injured worker an employee or a subcontractor? Any employee including office personnel, machine operators, receptionist, janitors, taxi drivers, doctors, lawyers, teachers and many many more qualify for workers compensation benefits. Subcontractors often do not. This includes many in the logistics industry as well as many in the construction industry and real estate industry.
What benefits can a Frederick County Workers compensation Attorney help me obtain?
Lost Wages- There are two forms of lost wages that are available under any given workers comp claim if the injured worker misses time from work. One is referred to as temporary total disability (TTD). If an injured worker is placed out of work by a physician then the workers compensation insurance carrier is obligated to pay 2/3 of the injured workers average weekly wage. That is 66.6% of their wages. This amount is capped at the Maryland state average weekly wage. For example in 2019 the maximum TTD amount is $1,116.00 so an employee making $2,000 weekly would get paid at the maximum rate of $1,116.00 and not 66.6%. Even with a qualified Frederick County Workers Compensation attorney there is currently no legal argument that will get the injured workers TTD rate higher in the scenario where they hit the cap of $1,116.00.
The second form of lost wages is referred to as temporary partial disability (TPD). If an injured worker continues to work but is working less hours or at a reduced rate of pay he or she is entitled to TPD. The rate of pay for TPD is 50% of the difference of the injured workers pre-injury average wage and the post injury average wage. Again a doctors note indicating the injured worker can not work their full shift or can no longer perform the work they were doing is necessary to obtain TPD.
Medical Treatment- An injured worker requiring medical treatment is entitled to medical treatment for which the workers compensation insurance company pays. The workers compensation insurance adjuster may indicate that he or she is not willing to pay for such treatment. In fact, in most if not all workers compensation cases the adjuster will at some point indicate he or she is not willing to pay for treatment. Ordinarily the adjuster is willing to pay for at least some of the treatment whether it be a few trips to the doctors, physical therapy, injections, medication, or surgery however as expenses increase there is likely to be some limiting of what is paid. This is usually a good time to seek the assistance of a Frederick County workers Compensation Attorney.
Vocational Rehabilitation- Vocational Rehabilitation is a job search program for which the workers compensation carrier pays. The adjuster would also pay for a job counselor, and lost wages for the injured worker while the injured worker seeks employment. Vocational Rehabilitation is a benefit under workers compensation law that is not available to every injured worker. There are a number of instances when this benefit MAY not be available such as in the event the employee was rightfully terminated, when the employee maintains their ability to perform their job, when the employer can accommodate any physical restrictions the employee may now have, or simply when the employee does not wish to undergo vocational rehabilitation.
Settlement/Permanent Partial Disability- Settlement of a workers compensation claim is only an option if both sides can agree to a settlement number. If the parties are in agreement then the Frederick County Workers Compensation Attorney can draft the settlement agreement which would include a number of specific details and get the agreement approved by the Maryland Workers Compensation Commission. For a thorough discussion on settlements go to the settlement page!
Permanent Partial Disability (PPD) is the alternative benefit available if settlement is not an option. To obtain a permanent partial disability award a number of things must take place. First, the injured worker must have remaining problems, complaints, limitations, or impairment as a result of the injury. If the injured worker is 100% then PPD is not available; however if the injured worker just has an occasional cramp or tinge of pain they can still seek a PPD award. If there are remaining issues when the injured worker is discharged from medical treatment then the Frederick County Workers Compensation Attorney will arrange for the injured worker to see an expert doctor for a rating. Once the rating report is obtained the Lawyer can then file for a hearing before the Maryland Workers Compensation Commission. Once the hearing is requested the workers compensation insurance company will schedule their own rating or independent medical evaluation.
When all parties have their ratings the hearing will take place and the injured worker will be required to testify at the hearing. A qualified Frederick County workers compensation attorney will prepare and assist the injured worker in advance of this hearing.
Will I have to go to court? When will I have to go? Will my Frederick County Workers Compensation attorney attend with me?
As indicated in the prior section of this blog there is a good chance that the injured worker will be required to attend a workers compensation commission hearing at some point in their case such as when settlement is not possible and permanent partial disability benefits are sought. Other examples of when a hearing is necessary may be when medical treatment is denied by the adjuster, lost wages or other benefits are not being paid, or when communication is not adequate. While there are occasionally cases that go from start to finish without any hearing taking place this is not the ordinary. The Frederick County Workers Compensation Attorney will attend the hearing with the injured worker and represent their interests. The injured will have to testify. The hearings are usually shorter than 15 minutes each and start to be called at 9:30 am.
Most Frederick County residents will have their hearing at the Frederick location which is currently at: 1890 North Market Street, Suite 200, Frederick Md. 21701
Directions: Frederick Workers Compensation Hearing Location
When do I hire an attorney and how would I pay the workers compensation attorney?
While the best time for hiring a Frederick County Workers Compensation Attorney can be deliberated among scholars it is important that every injured worker reach out to a workers compensation attorney as soon as possible and at least have a phone conversation to ensure that there is no underlying reason to immediately hire an attorney. The case could already be damaged if the injured worker has not been seen by a doctor, has not notified the employer of the accident, or he or she has not filed a workers compensation claim.
There is never a bad time to hire a Frederick County Workers Compensation Attorney as it is always better to be properly prepared ahead of any denial of benefits. This alleviates any issues of the attorney having to catch up. For example, medical records should be in the possession of the attorney before the attorney files for a hearing. If the injured worker is seeking representation after their medical benefits have been denied then the attorney will have to order medical records which could take a month or two to obtain. The attorney would then be able to file for a hearing and hearings are set a few months out from the time the hearing is requested. This means the injured worker may have to wait 4 months or longer before the hearing can take place.
If all treatment is being approved by the insurance adjuster and lost wage benefits are being paid then the injured worker may decide to wait to hire an attorney. While it is usually best to hire a Frederick County Workers Compensation attorney as soon as possible it may not be a bad decision to wait until treatment has concluded and the injured worker is ready for a rating. The argument has been made that “lawyering up” may lead to the insurance adjuster fighting back by referring their case to a defense lawyer who will likely start denying treatment.
It may be too late to hire an attorney after two years from the date of the accident. This is the first statute of limitations date that a worker who has suffered from an accidental injury should be aware of. In the instance of an occupational disease it is a one year statute of limitations.
We represent injured workers in their workers compensation cases in the following areas of Frederick County and additional areas:
Adamstown, Ballenger Creek, Braddock Heights, Brunswick, Buckeystown Burkittsville, Clover Hill, Emmitsburg, Frederick, Ijamsville, Jefferson, Johnsville, Lewisville, Libertytown, Middletown, Mount Airy, Myersville, New Market, Rosemont, Sabillitsville, Thurmont, Unionville, Walkersville, Wolfsville, Woodsboro,
If you have been injured on the job Workers Comp attorney Andrew M. Rodabaugh can help. No fee unless money is recovered!
Call Us, Click to email or Fill out the Form below!
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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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Telephone No.410-937-1659