Workers' Compensation
Our Commitment
We understand that a work accident can disrupt every part of your life. Our firm is committed to providing personal attention, clear communication, and strong representation throughout your case. We work to make the legal process easier to understand so that you can focus on your treatment and recovery.
Most importantly, you are always in control of your case. Our law firm will never accept a settlement offer without your approval. You are our boss and we work for you. We will work with you every step of the way to pursue the best possible outcome.
Process of Workers’ Compensation
All employers are required to have workers' compensation insurance that is responsible for managing your claim. Your attorney should report your claim to the proper insurance company. In Maryland and D.C., your attorney is also required to report your claim to a separate government commission or agency.
All workers' compensation claims are controlled by a commission or government agency. In Maryland, all claims must go through the Maryland Workers’ Compensation Commission (WCC). In D.C., all claims must go through the D.C. Office of Workers' Compensation (OWC). These agencies are not insurance companies, but government agencies that oversee the entire claims process. All disputes and settlement approvals must go through these agencies.
If you have been injured while at work, you may be entitled to workers’ compensation benefits. You do not need to establish that someone was at fault for the accident, only that you were an employee and had an accident at work during work hours. It is important that you immediately report the accident to your employer, either in person, by phone, or by text. Delay in reporting the work accident to your employer could adversely affect your claim. Our firm guides you through every step of the workers’ compensation process and communicates directly with the insurance company and your employer so that you can focus on your recovery.
If you were injured in a work accident, you may be entitled to compensation for your injuries, medical expenses, lost wages, mileage reimbursement, and permanent injury. Dealing with insurance companies can quickly become overwhelming. Our firm is here to guide you through that process and protect your interests from the very beginning to the end. We help you report the accident to the employer’s workers’ compensation insurance company, and to the Maryland WCC or the D.C. OWC.
You must be careful not to speak with the employer’s insurance company, because they may call you, record their conversation with you, and advise you not to seek medical treatment. I often have clients who delay medical treatment because the employer or the insurance company makes promises that are never kept. Recorded statements are never a good idea and could come back and adversely affect your claim. Do not make the mistake of thinking that the employer and/or the insurance company are there to look after your best interests.
Once the insurance company becomes aware that you are represented by a lawyer, they must stop communicating with you directly. For that reason, it is important that you retain a good lawyer early in the process.
What To Do After a Work Accident
After an accident, immediately report the accident to your employer and request medical treatment. Your health and medical care are a priority. If you are injured or feel pain, seek medical attention as soon as possible. Some injuries and pain are not felt immediately, but develop later or become worse over time. Prompt treatment helps protect both your health and your claim.
It is very important for you to know that under Maryland and D.C. law, you can choose your own healthcare provider. Do not allow your employer or the insurance company to select a doctor for you. The employer may take you to their clinic, which is fine. However, you can always switch doctors and begin medical treatment with the doctor of your choice.
What Workers’ Compensation Covers
- Medical treatment related to your injury
- Temporary wage loss benefits while you are unable to work
- Vocational rehabilitation, if necessary
- Mileage reimbursement related to medical appointments
- Permanent disability benefits
Medical Treatment
Your medical records play a critical role in determining the value and success of your claim. We work to ensure that your treatment is properly documented and that the insurance company authorizes and pays for necessary care.
Wage Loss Benefits
If your injury prevents you from working, you may be entitled to wage replacement benefits. These benefits are typically calculated based on your average weekly wage prior to the injury. Our office ensures that your wage information is properly submitted and that you receive all benefits you are entitled to under the law.
Disputes & Hearings
The insurance company may deny your claim, deny recommended medical treatment, deny wage loss claims, or dispute the extent of your injuries. When this happens, you have the right to request a hearing with the WCC or OWC and present your case to an administrative law judge.
If you are not satisfied with the decision of an administrative law judge, in Maryland you can appeal that decision to the Circuit Court of the county in which you live. In D.C., you can request a formal hearing.
At every step of this process, our firm prepares your case, gathers medical evidence, and advocates on your behalf.
Third-Party Claims
If your work-related injury was caused by someone other than your employer or co-worker, for example a subcontractor or negligent driver, you may also have a separate personal injury claim in addition to your workers’ compensation case. We evaluate all possible sources of recovery to maximize your compensation.
Uninsured Employers Fund (UEF)
If you were injured on the job and your employer does not have workers’ compensation insurance, you may still be entitled to benefits through the Maryland Uninsured Employers' Fund (UEF).
The UEF is a special fund created to protect injured workers when their employer has failed to carry the required workers’ compensation insurance. Even if your employer did not follow the law, you still have rights, and you may still be able to recover compensation. If your UEF claim is accepted, you may be entitled to the same benefits as a standard workers’ compensation claim.
UEF claims often involve challenges such as employers denying responsibility, delays in benefits, or additional hearings and legal procedures. Without proper representation, injured workers can face significant obstacles in obtaining the compensation they deserve.
If the non-insured employer is a subcontractor or independent contractor, a good lawyer will attempt to find insurance coverage with other subcontractors or independent contractors above the employer, up to the general contractor. These are called statutory employers, a company that may be held responsible for providing workers’ compensation benefits, even if the injured worker is not its direct employee. The statutory employer’s insurance company is referred to as the statutory insurer.