Law Offices of Frank B. Cahn, P.A.

Workers’ compensation is an insurance program under which State law requires all employers to provide certain benefits to employees who are injured or become ill as a result of their work.

WHO IS ENTITLED TO WORKERS COMPENSATION?

As the name implies, you must be an employee to receive workers compensation benefits. This excludes an independent contractor. You should consult an attorney to determine whether you are a covered employee or not. Also, you do not necessarily have to be at your employer’s location to qualify for benefits. An employee who is out driving or making a delivery for an employer can receive benefits. Also keep in mind that the law requires employers to provide benefits even if an accident or illness was not an employer's fault.

ACCIDENTS AND JOB-RELATED ILLNESSES

There are two basic types of claims. The most common involves a job-related injury, but you can also make a claim if you contract an illness due to your work. For example, a worker’s repetitive use of the hands and wrists over a long time may cause carpel tunnel syndrome, a painful condition in the wrists which often requires surgery. It is often important to have the assistance of an attorney because employers or their insurance companies usually argue that an injury or medical condition has nothing to do with the job. For example, an older worker who falls and suffers a back injury may discover the insurance company trying to deny benefits by claiming that he was bound to have back problems at his age anyway.

WHAT BENEFITS AM I ENTITLED TO?
Maryland law requires an employer to pay all hospital and medical expenses for a worker who is injured or becomes ill as a result of his or her employment. This includes prescriptions and transportation costs for visits to the doctor.

The employer must also pay a worker who is totally disabled from working two-thirds of his average weekly wage beginning on the fourth day he or she is out of work. However, you cannot receive more than the average weekly wage of all Maryland  workers.

If you return to work after treatment but continue to have permanent symptoms from your injury, your attorney can assist you in getting a disability rating which quantifies 
the amount of your disability. For example, a doctor may decide after examining you that you have lost 10% of the use of your back. The Workers’ Compensation Commission uses a mathematical formula to translate such disabilities into a monetary award for you. Usually, your employer’s insurance company will want their own physician to examine you as well to confirm the amount of your disability. It is common for doctors to disagree in which case a hearing will have to be held at the Workers’ Compensation Commission to determine how much disability to award you.

If you are so severely injured that you cannot return to your former employment, you may be entitled to vocational rehabilitation, a benefit which requires the employer to 
try to find you other suitable employment and, in some cases, give you additional training to help you find employment.

HOW DO I PAY MY ATTORNEY?
Maryland law sets the amount of fees which an attorney may charge a person filing an workers’ compensation claim. You never need to lay out any money of your own for an 
attorney. All fees come from money you are awarded during the course of your case.

CALL (410) 358-4338 TODAY TO FIND OUT MORE ABOUT YOUR RIGHTS!

Convenient to Owings Mills, Pikesville, Randallstown, Reisterstown, Security, Towson, Windsor Mill, and Woodlawn.