If you are injured in the course of your employment
and have a compensable claim you are entitled to medical care, related
prescriptions and continuing wage payments. You may be entitled to vocational
retraining. If you injury is permanent you are entitled to an award (money)
based on the percentage of permanency. Generally, no fee is charged unless
there is a award for a permanent injury. All fees are payable from the
proceeds of the case. The attornies fee is set by Maryland Law.
When you have sustained a Workers'
Compensation Injury in Maryland and make a claim you are entitled to three
types of recovery:
1. The payment of temporary total disability
at the rate of two-thirds (2/3) of your average weekly wage for the whole
period of time you are unable to work. However, if you are out less
than fourteen days due to this injury, the insurance company does not have
to pay you for your first three days missed.
2. The Workers' Compensation Insurance carrier
for your employer must pay all of your medical bills incurred as a result
of this injury at a rate set forth by the Maryland legislature. If
the medical bills exceed the legislative schedule of medical payment, you
are not liable for the outstanding bill for treatment by Maryland doctors.
3. After you have been medically discharged
by your treating doctor, having reached a point of maximum medical improvement,
if you still have significant medical problems resulting from this injury,
then you may have a permanent injury. If you have a permanent injury,
you are entitled to an award which will be determined depending on the
amount or percentage of your permanent injury.
A workers compensation case is usually brought
to a conclusion in the form of a Stipulation which entitles you to continue
to have full medical benefits for the injured area of your body for the
rest of your life. It also entitles you to reopen your case for a
worsening of your condition to get a greater award within five years of
the last payment of the original award. If a stipulation can not be worked
out the case will go to a Hearing in front of a Workers’ Compensation Commissioner
(a Judge) who will decide the amount of permanent injury after the injured
worker testifies and is cross examined by the employer and insurers attorney.
An injured worker will need an attorney for the Hearing.
The other type of conclusion of a Workers' Compensation
case is a Full and Final Settlement Agreement which, like an automobile
accident case, means that you give up all future medical rights in exchange
for that settlement.
There is no fee for a workers’ compensation consultation.