Upper Marlboro Workers’ Compensation Lawyers

Work Injury Attorneys in Prince George’s County

No one cares about the working class more than our Upper Marlboro workers’ compensation attorneys from Farmer & Klopfer. When we hear that someone has been injured at work, we hope they get the workers’ compensation benefits they need right away. But, if they don’t for any reason, then we’ll be ready to step in and fight the insurer or employer as needed. Our team also has the know-how and insight required to manage workers’ compensation claims from the start, so you can count on us, even if your claim hasn’t been filed yet.

We help people from all industries and backgrounds, such as:

It is really this simple: If you get hurt while working in Upper Marlboro, we can help you seek workers’ compensation benefits. 

Different Types of Work Injury Cases

Every workplace can be the site of a work accident. Whether you work in an office, a construction site, a kitchen, or even your own home, accidents can happen, oftentimes without warning. What’s important is that you are backed up by workers’ compensation benefits if they do.

We can help clients who have suffered from all sorts of workplace injuries and incidents, such as:

Don’t hesitate to reach out to us if you need help regarding if you get workers’ compensation because your injury is unusual. Sometimes, employers will misinform their workers and say that their injury doesn’t qualify for workers’ comp. Don’t take their word for it! Call (240) 245-2229 and we’ll see if they are right or if they were being insincere to protect their profits from higher insurance premiums.

Workers' Compensation Laws in Maryland

Workers' compensation is a type of insurance program that provides benefits to employees who are injured or become ill while performing their job duties. It is designed to provide financial support to workers who suffer work-related injuries or illnesses, regardless of fault, and to cover the costs of medical treatment, rehabilitation, and lost wages.

To be eligible for workers' compensation benefits in Maryland, you must be an employee. Independent contractors and some other types of workers may not be covered. Employers are required to carry workers' compensation insurance, and most employees are covered under this system.

Additionally, your injury or illness must be directly related to your job duties. This means that the injury or illness must have occurred while you were working or as a result of your job. Pre-existing conditions that are aggravated or worsened by work activities may also be eligible for coverage.

It's essential to report your workplace injury or illness promptly to your employer. In Maryland, you generally have 10 days to report the injury or condition, although it's advisable to do so as soon as possible. Your employer should then report the incident to their workers' compensation insurer.

After reporting the injury, you may need to file a formal workers' compensation claim with the Maryland Workers' Compensation Commission (WCC). This claim will initiate the process of determining your eligibility for benefits.

You will also need to provide medical evidence of your injury or illness. This may include medical reports, doctor's notes, and any other relevant documentation. You may be required to see a doctor chosen by your employer's workers' compensation insurance provider for an evaluation.

Lastly, employers in Maryland are generally required to cooperate with their employees' workers' compensation claims. They should report the injury, provide necessary documentation, and not interfere with your right to file a claim.

Benefits You Might Be Owed

As an injured worker, you might collect these workers’ comp benefits and more:

• No-cost medical treatments: 100% of the medical treatments needed to cure or alleviate your injury after a work-related accident should be covered through workers’ compensation. Even small fees like co-pays and the gas money you spent to get to an appointment should be covered.
• Disability pay if you can’t return to work: If you are too injured to return to work within a few days or a week, then you might be eligible for disability pay. Usually, you can earn roughly 67% of your average weekly pre-injury wages until you can work again.
• Vocational rehabilitation: You might be provided free training, certification, and education courses to learn how to begin a new career that accommodates your injuries and disabilities. This is true even if your new job is in an entirely different company or industry.

What If My Benefits Are Denied?

Workers' compensation benefits can be denied for various reasons, even if an employee believes they have a legitimate claim. While the specific criteria and regulations vary from state to state, some common reasons for the denial of workers' compensation benefits include:

• Failure to Report the Injury Timely: Failing to report a work-related injury or illness promptly to your employer can lead to a denial of benefits. Most states, including Maryland, have specific time limits for reporting workplace injuries.
• Lack of Medical Evidence: To qualify for workers' compensation, you typically need medical evidence to prove that your injury or illness is work-related. If you do not provide sufficient medical documentation or fail to see a doctor promptly after the injury, your claim may be denied.
• Disputed Causation: If your employer or their insurance company disputes that your injury or illness is work-related, it can lead to a denial of benefits. They may argue that the injury occurred outside of work or was caused by a pre-existing condition.
• Missed Deadlines: Failing to meet important deadlines for filing a workers' compensation claim or providing required documentation can result in a denial. Missing the statute of limitations for filing a claim is a common reason for denial.
• Inconsistent Statements: Providing inconsistent information about the injury or illness, whether to your employer, healthcare provider, or during the claims process, can raise doubts about the legitimacy of your claim and lead to denial.
• Pre-existing Conditions: If your injury aggravates a pre-existing medical condition, it can be challenging to establish that your workplace activities were the primary cause of your disability. The insurer may argue that your pre-existing condition is responsible for your disability.
• No Employment Relationship: Workers' compensation typically covers employees, not independent contractors or volunteers. If your status as an employee is disputed, your claim may be denied.
• Drug or Alcohol Use: If your injury occurred while you were under the influence of drugs or alcohol or engaging in reckless behavior that contributed to the injury, your claim may be denied based on the "intoxication defense."
• Fraudulent Claims: Submitting a false or fraudulent workers' compensation claim is illegal and can lead to a denial of benefits. Insurers often investigate claims to identify any fraudulent activity.
• Failure to Attend Medical Appointments: If you miss scheduled medical appointments or fail to follow the prescribed treatment plan without a valid reason, your benefits may be denied on the grounds that you are not cooperating with your recovery.
• Employer Dispute: Employers may dispute the validity of a workers' compensation claim, arguing that the injury did not occur as described or that it is not as severe as claimed.

If your workers' compensation claim is denied, you typically have the right to appeal the decision through the workers' compensation system in your state. This may involve a hearing or review process where you can present additional evidence and arguments to support your claim. Many individuals consult with an attorney who specializes in workers' compensation cases to help navigate the appeals process and improve their chances of obtaining the benefits they deserve.

For more questions and information, call (240) 245-2229 and ask for a free initial consultation.