If you’ve been injured while working in Maryland, you might be wondering what comes next. Who should you report your injury to? What kind of medical attention should you be seeking? We hear many of the same questions from injured workers, so we’ve prepared a few general answers to some of the most commonly asked questions. Let’s get started.
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Questions & Answers About Workers’ Compensation in Maryland
1. QUESTIONS & ANSWERS ABOUT
WORKERS’ COMPENSATION IN
MARYLAND
WHAT WORKERS NEED TO KNOW ABOUT WORKPLACE
INJURIES
theinjurylawyermd.com
2. SO, YOU’VE BEEN
HURT ON THE JOB…
If you’ve been injured while working in Maryland,
you might be wondering what comes next. Who
should you report your injury to? What kind of
medical attention should you be seeking? We
hear many of the same questions from injured
workers, so we’ve prepared a few general
answers to some of the most commonly asked
questions. Let’s get started.
3. I’VE BEEN INJURED
ON THE JOB! WHAT
NOW?
Notify your supervisor or company immediately. NOTE: It is
extremely important to report the injury as soon as possible. Not doing
so might prompt an insurance company to deny your claim.
Make sure an incident report is done. An employer might forget or
intentionally not fill out a report, leaving you without the documented
report that you will need to receive compensation. Make sure to follow
up with your employer and keep a copy of the report.
See a doctor immediately. Even if you aren’t sure how badly you are
injured, you should always seek medical attention. You might not realize
right away just how serious the injury really is. Also, the longer you wait
to see a physician, the worse it will be for the success of your claim.
Record information about, or take note of, any witnesses to your
injury.
Make a Maryland Workers Compensation Commission claim on an
official Maryland Workers Compensation Commission claim form.
Call a lawyer familiar with workplace injury cases.
4. WHAT IF THE
INCIDENT WAS MY
FAULT?
Workers’ compensation law is categorized as being “no-
fault,” meaning that you are still entitled to workers’
compensation benefits even if you were at fault. The program
is designed to help workers who have been injured to receive
payment while they cannot perform their jobs, and it is not
contingent on determining who was responsible for the injury.
Exceptions to this rule are 1) if you intentionally hurt
yourself, 2) if you are under the influence, or 3) if you
engaged in horseplay or misconduct.
5. AM I SUING MY
EMPLOYER BY FILING
A WORKERS’
COMPENSATION
CLAIM?
No. These claims are no-fault, and you are not
necessarily implying that anybody did anything
wrong. You are simply taking the benefits that are
granted to you by law. Disputes may arise between
you and your employer, or the insurance company,
and these disputes might lead to more involved legal
action, but it is important to remember that you are
not suing an employer simply because you file a
claim.
6. CAN I SEE ANY
DOCTOR THAT I
WANT?
Yes. In Maryland, injured workers are allowed to see a
doctor of their own choosing, though this is not necessarily
true in other states. It is typically best in the case of an on-
the-job injury to go to an emergency room or urgent care
facility immediately following the injury. Keep a copy of
your records. If your injuries become covered by your
workers’ compensation claim, then the costs of these
medical bills will be paid by your employer or the
insurance company that is providing coverage.
7. WHEN WILL I FIND
OUT IF I AM
COVERED?
The process of being compensated for injuries can be
complicated, and there are many stages of a claim that
might occur before you are actually covered. For example,
you are NOT NECESSARILY covered just because:
◦ You report your claim
◦ Your employer reported your claim to the insurance
company
◦ The insurance company sent you a letter with a claim
number
◦ The insurance company starts paying medical bills and
lost wages.
Even though these things might happen, your claim can
still be disputed by your company, and you might end up
not being covered. In some cases, waiting to find out if
you are covered can be a very lengthy process.
8. WHAT SHOULD I DO TO
MAKE SURE THAT I DO GET
COVERED?
Review the steps listed under the first question, and
make sure that you file a claim on an official
Maryland workers’ compensation claim form with the
Maryland Workers’ Compensation Commission. If
your claim is disputed, it will be decided in court. At
our firm, we see this happen in about 25 to 30
percent of the claims. If your claim is not disputed,
then you will be covered.
9. WHAT BENEFITS WILL I
RECEIVE IF I AM
COVERED?
You are entitled to medical treatment for the rest of your life,
or for as long as is reasonable and necessary.
You are also entitled to lost wages, otherwise known as
temporary total or temporary partial disability benefits.
The insurer must pay you for any permanent impairment
you have sustained.
If the doctor says that you can’t go back to your job, you
have a right to vocational rehabilitation and to be paid lost
wages during this time period.
NOTE: The longer you are actively receiving treatment
from medical providers or missing work due to a
workplace injury, the more likely it is that they will
eventually begin disputing medical care and lost wages.
10. HOW CAN A
WORKPLACE INJURY
ATTORNEY HELP?
There are several reasons why we suggest you call an
attorney if you are injured on the job.
◦ Some claims can be disputed by employers and/or
insurance companies. It is often the case that they will
have a team dedicated to doing what is in the best
interest of the employer, including minimizing
payments. It is best to have an advocate who will work
on your behalf for your best interests.
◦ An attorney will be familiar with the process and the
tactics that might be used by insurance companies.
◦ An attorney will make sure that you are treated fairly
and that you are given compensation that truly reflects
your injuries and lost wages.
11. WHERE CAN I LEARN MORE
ABOUT WORKPLACE
INJURIES AND WORKERS’
COMPENSATION?
The Law Offices of Steven H. Heisler offer many
resources on the topic of workplace injuries and
workers’ compensation benefits. You can find
out more about these topics:
◦ Workers’ compensation in Maryland
◦ Construction worker injuries
◦ Spine and back injuries
◦ Other common types of workplace injuries
12. DO YOU NEED AN ATTORNEY?
Steven H. Heisler, The Injury Attorney, can help you if you
have suffered a workplace injury. Steve has been fighting
for his clients for years to make sure that they aren’t taken
advantage of by others.
No matter what stage of the process you are in, give him a
call at 1-855-946-0479 or contact him through his website
to learn more.
theinjurylawyermd.com