Frequently Asked Questions About Workers’ Comp Claims
Being injured on the job can be an extremely intimidating experience. It can be difficult to get honest answers about where to go for help and what benefits are available. The attorneys at Cohen, Snyder, Eisenberg & Katzenberg, P.A., have extensive experience representing injured workers in all aspects of workers’ comp claims.
We work hard to ensure that injury victims have access to the information they need following a serious workplace accident. In an effort to provide you with the essential information you need as you begin the workers’ compensation claims process, we have compiled some of the most common workers’ compensation questions that we get from our clients.
Q: Do I need a workers’ comp lawyer? My employer says no. Is that true?
A: It is true that you are not required to have an attorney, but most people find it very beneficial. There are good reasons to hire an experienced workers’ compensation attorney. Most employees don’t know their rights under Maryland workers’ compensation law, which puts your employer and the insurance company at a significant advantage. Or, if your doctor recommends treatment and the insurer refuses, we can pursue your treatment by obtaining an order authorizing it, before the Maryland Workers’ Compensation Commission.
If you don’t know all your rights, you could leave thousands of dollars in lost benefits on the table. Our attorneys know your rights and will work to ensure that you receive the full measure of benefits available for your case.
Q: What are my rights after an injury at work?
A: The complete answer to that question will depend largely on the facts of your case. The short answer, however, is that you are entitled to benefits to compensate for a percentage of your lost wages and medical care related to the injury. You may also have the right to seek disability benefits, vocational services and other benefits. We will help you understand your rights and work to ensure that they are protected.
Q: Do I have a personal injury claim against my employer? Can I sue my company if I have been injured at work?
A: No, in most cases. Workers’ compensation benefits are the only form of relief available from an employer. However, if someone other than your employer, including a co-worker, was partially or completely responsible for the accident that caused your injuries, you may have grounds for a separate personal injury claim. We will review your case and explain your legal options.
Q: What if my claim has been denied? What should I do now?
A: Fight back. Too many injured workers receive a notification of denial and wrongly assume that they have no further say in the matter. Maryland law allows you to dispute the decision. Our attorneys have been successful in representing many injured workers in hearings and appeals following the denial of a claim.
Q: My spouse was killed in a workplace accident. Do I have grounds for a wrongful death claim and how can I file that claim?
A: Yes. Under the Maryland Workers’ Compensation Act, the families of workers who are killed on the job or die from an occupational disease are entitled to seek certain death benefits, including a specified amount for funeral expenses. We will review your case and explain the benefits that may be available for you and your children.
Q: Can I receive workers’ compensation benefits while on a Family and Medical Leave Act (FMLA) leave of absence?
A: Normally, taking unpaid leave will not prevent you from receiving workers’ compensation benefits. Ask an attorney about how to maximize benefits in your specific circumstances.
Q: What is dismissal with prejudice?
A: This refers to a workers’ compensation case for which the state’s commission dismisses a case and stipulates that the worker is not able to refile.
Q: What is a “stipulation with request for award?”
A: This means both sides agree on a permanent partial disability and the commission awards disability benefits.
Q: Are there statutory limits for workers’ compensation?
A: Yes, there are limits to various disability benefits. The Maryland Workers’ Compensation Commission website provides information on these limits, but they are hard for many people to understand. We urge you to call us if this issue may be applicable in your case.
Q: Can I file a claim for workers’ compensation if I have two jobs and was injured while working at one of them?
A: Yes, but if you were injured and receive benefits through one job, you generally cannot be working at another job at the same time. Individual factors differ, so please consult with an attorney for clarification on this matter.
Q: I own my own business and have no employees. Am I covered by workers’ compensation?
A: If you insured yourself through a workers’ compensation insurer, yes. As the owner of a business, you may elect to cover yourself through workers’ compensation insurance just as an employer would do for you. Contact an insurer for more information.
Q: Are there fees for changing lawyers in a workers’ compensation case?
A: If you decide to change lawyers in a workers’ compensation case, the Maryland Workers’ Compensation Commission will apportion an allowable fee between the lawyers. There are no additional fees for changing attorneys.
Additional Workers’ Comp Questions
You may have additional questions about your workers’ comp benefits. Many of the pages on our site may answer additional common questions such as whether workers’ compensation will cover medical bills.
Workers with back injuries often worry about their ability to obtain workers’ compensation benefits. We have represented many construction workers, laborers, factory workers and nurses with back injuries.
Are you worried about a pre-existing condition impacting your claim? We can help.
Free Initial Consultation | Baltimore Workers’ Comp Lawyers
Contact Cohen, Snyder, Eisenberg & Katzenberg, P.A., to schedule a free initial consultation at any of our office locations.
We recently opened a new office in Towson for your convenience.
You can email us online or call us at 443-529-0795 . We are available 24/7 to answer your questions about your workers’ comp claim.