Workers' Compensation
Remember: It is not your employer's
responsibility to protect your rights. It is up to you to look out for yourself
and your family.
The facts and circumstances
surrounding the incident
which causes your injury are very important. In fact, they will generally
determine whether you will be entitled to collect benefits!
Accidental Injuries and Occupational
Diseases
Workers' Compensation
The workers' compensation laws of the
State of Maryland are designed to protect the injured worker. You should know
what you are entitled to under the law in the event you are injured in a way
that will affect your ability to work.
You are also permitted to receive
workers' compensation benefits if you have an injury or condition caused by an
occupational disease.
Occupational Disease
An occupational disease is an
illness, ailment, or disorder effecting workers' in a particular type of job.
Unlike accidental injuries, occupational diseases do not generally result from
unusual strain or exertion in a job. Rather, they occur slowly over a period of
time, and result from conditions inherent to it.
If You Have an Incident
Report the Incident
Before you can receive workers'
compensation benefits you must report the incident of injury to your employer.
Failure to do this in a timely manner may result in its denial of your claim. Remember to note
when and to whom you report the incident of injury.
Give as many details as possible as
to what caused you to become injured. It may not be enough, for example, for you
to say "I hurt my back while working at my job." Consult an attorney for more
information on compensatory issues. Learn what is covered and what is not
covered by the workers' compensation laws in your state.
See Your Doctor
In order to receive some form of
workers' compensation benefits, your doctor must find that, as a result of your
accidental injury, you are unable to work. Therefore, it is important to see
your doctor as soon after the incident as possible. You may see any physician
you choose, as the law does not require you to see or be treated by a doctor
selected by your employer. The doctor you choose will prescribe a treatment
program and will release you to return to work when your condition has improved.
It is very important that you strictly follow your doctor's treatment
recommendations.
Keep Track of Expenses
The workers' compensation laws
require your employer's insurance company to reimburse you for expenses you
incur while receiving treatment. For example, you are entitled to reimbursement
for prescription medicines, mileage, and travel expenses you are forced to incur
as part of your treatment. Therefore, from the onset, you should maintain a
daily diary in which you keep track of all expenses, including prescription
costs, mileage and travel expenses. In addition, you must keep receipts
verifying the expenses or you will not be entitled to reimbursement.
Be Careful What You Say
You may believe that if injured on
the job you are automatically entitled to benefits. However, the law requires
more. Be careful what you say.
The requirements of 'proof of
accidental injury, prompt notice and medical documentation of the disability'
must all be satisfied before you receive benefits. Therefore, giving a
recorded or written statement prematurely may give the employer and insurer
evidence to successfully prevent you from receiving benefits. Therefore, be very
careful what you say or write about your claim. If at all possible, consult an
attorney before signing any statements or giving any recorded statements.
File Your Claim Quickly
The law allows a limited time within
which to file a claim. This time period is known as the Statute of
Limitations. While the Statute of Limitations for filing a claim in most
cases is two years from the date of the injury, you should file your claim as
soon as possible.
If the Statute of Limitations period
ends before you file your claim, it will be very difficult, if not impossible,
to secure workers' compensation benefits. By filing a claim, you are placing
the burden on your employer and insurer to either pay you benefits or contest
the claim.
Consult a Lawyer Promptly
If you plan to file a claim for
workers' compensation benefits, the sooner you seek legal advice the better. The
workers' compensation laws prohibit an attorney from charging a fee, unless the
attorney is successful in making your claim for benefits.
Therefore, it should not cost you
anything to discuss your claim with an attorney. Your attorney's advice will be
very important in ensuring that you receive the maximum benefits to which you
are entitled by law. At the very least, you should get legal advice before
filing your claim or allowing any person to take a statement from you concerning
your claim.
Workers' Compensation Benefits
The four most common benefits to
which you may be entitled if you are hurt on the job are:
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Temporary Total Disability
Benefits. These are benefits which you receive during the period
when you are in the process of healing and completely unable to perform
your work duties. The amount of the benefit will equal two-thirds of
your average weekly wage, up to a maximum amount established by law.
Your average weekly wage is calculated by averaging your gross earnings
for the thirteen week period before the date of your work injury.
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Permanent Partial
Disability Benefits. If your accidental injury causes a permanent
impairment, you are entitled to compensation for the permanent injury.
The benefits are based on a percentage of disability to the part of your
body which is affected. They are paid on a weekly basis at a rate
established by law.
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Medical Treatment. The
employer and insurer are responsible to pay any and all reasonable and
necessary expenses which
you incur for the treatment of the injury you suffer on the job. The
right to medical care and treatment for your injury continues for the
rest of your life.
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Vocational Rehabilitation.
If your injury is so severe that you cannot go back to your old job, the
employer and insurer are responsible for providing you with vocational
rehabilitation services. A vocational counselor will be assigned to
assist you in returning to the workforce. Vocational rehabilitation
efforts should take into consideration your age, education, work
experience, and the nature of the injury you sustained, and should be
designed to ensure that you receive the maximum possible salary when you
return to the workplace. |
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