Maryland Workers Compensation Lawyer | Coming and Going Rule

visit us at www.portnerandhshure.com
or call us at (410) 995-1515 to speak with an experienced Maryland Workers Compensation Attorney today for a free case evaluation.

Portner & Shure’s workers compensation department recently tallied a big win in a hotly contested case relating to the premises exception to the coming and going rule.  The case involved a worker who was struck by an automobile in her employer’s front parking lot while walking to work in the early morning, sustaining serious injuries to her head and knee.  The employer denied the worker’s claim, arguing that it was denied by the coming and going rule.

The general rule in workers compensation law is that injuries sustained while coming and going to and from work are not compensable.  The rationale behind this rule is that the risks workers are exposed to while traveling to and from work do not arise out of and in the course of employment, as these risks are borne by the general public daily.  This general rule, however, is not without exception.

The “premises exception” to the going and coming rule provides that an injury sustained by a worker who has arrived on her employer’s premises, but has not yet begun her shift, is compensable.  Maryland courts have held that the parking lot of an employer’s business constitutes “premises” for purposes of this rule.

At the hearing, the employer argued that the worker’s case was not covered by the premises exception because the worker was walking through the public parking lot in the front of the store, as opposed to the back parking lot designated for employees.   A witness for the employer testified that employees were not permitted to park in the front lot without special permission.  A witness for the worker testified workers customarily parked in the front lot.

Portner & Shure’s attorney, Christina Ruhl, argued that the case of May Dept. v. Harryman, 307 Md. 692 (1986) should apply and that the worker’s injury should be compensable.  In the May  case, the court held that the premises exception applied to a parking lot regularly used by employees of a shopping center, as well as the general public, even if the parking lot was not controlled by the employer.  The Workers Compensation Commission held that the premises exception applied according to the May case, because the lot was customarily used by the employees of the employer, and was at times used with the owner’s special permission.  The Commission awarded the worker temporary total disability benefits and authorized continuing medical treatment.

If you or someone you loved as sustained a Maryland work injury, or would like more information on workers compensation, please call us at (410) 995-1515 for a free consultation.

Maryland Workers' Compensation Attorney

Maryland Workers' Compensation Attorney

Visit us at www.portnerandshure.com

Or call to speak with one of our experienced Maryland workers' compensation attorneys at (410) 995-1515 for a free consultation.

Maryland Casino's & Your Workers' Compensation Coverage

With the recent opening of the Horseshoe Casino in downtown Baltimore, the gambling industry is quickly becoming one of the largest employers in the state of Maryland. The new MGM Casino is set to open in 2016 in Prince George's County, and will join Maryland's existing casinos, including Maryland Live and the Casino at Ocean Downs, in an industry that is booming and looking for workers.

It takes an unbelievable amount of workers to keep large scale casinos operating. A casino needs dealers, security, cleaning staff, valets, cashiers, chefs, servers, cocktail waitresses, bartenders, emergency medical staff, groundskeepers, maintenance, you name it! Not to mention, management and human resources staff. With such a high volume of workers, some injuries on the job are inevitable. Consider security staff, who risk injury when dealing with fights and unruly patrons, or the variety of ways kitchen staff or maintenance workers could injure themselves on the job.

Most of the time, injuries on the job occur in one identifiable accident and the worker has no problem reporting the injury and obtaining benefits through workers compensation. A more complicated situation arises when the injury is actually an occupational disease that manifests over time.

For example, one of the toughest positions for a casino to fill is its dealers. These workers are must be highly skilled and are in high demand. Dealing cards may seem like a job with little risk of injury, until you consider the repetitive hand and wrist movements involved, which can lead to carpal tunnel syndrome, a common occupational disease. Carpal tunnel syndrome can be a debilitating condition, causing numbness, pain, and tingling in the wrists and hands. It can also affect grip and manual dexterity. If you deal cards for a living, this condition could affect your ability to work significantly. It may also require medical treatment, such as physical therapy or even surgery.

Fortunately, carpal tunnel and other occupational diseases are compensable through workers compensation - but you must be careful to give timely notice to your employer, or else your claim could be denied. Notify your employer as soon as you notice any symptoms whatsoever, such as tingling in the wrists. Don't wait six months until you are no longer able to use your hands at all before you tell someone. If it's bothering you, tell your employer and get checked out by a doctor. If you are unsure what to do, call an attorney who can navigate the process for you, obtain benefits, and even get you set up with a doctor to get you the treatment you need.

If you are working for one of Maryland's casinos, be sure to check your contract to see if it classifies you as an employee or an independent contractor. If your contract classifies the casino as a client, and you as an independent contractor, it may also state that the casino is not required to carry workers compensation coverage for you. Always be aware of the contents of your contract so that you can take the steps you need to protect your health.

If you or a family member has been injured as a result of an accidental injury on the job and would like a free legal consultation or if you would like more information on work accidents,  please feel free to contact our office at (410) 995-1515 or visit us on the web at www.portnerandshure.com

　

M

Maryland Workers Compensation Lawyer | Virginia Work Injury | Two Reasons Why You Need an Experienced Lawyer

Being injured at work can be one of the most painful, disruptive, and confusing events that can happen in a person's life. If you are unable to work, the loss of income can be extremely burdensome on an injured worker and their family. If you don't have health insurance, you may not know how to pay for medical treatment. And if you've sustained a permanent injury, you may wonder how you'll ever make ends meet in the future. Worrying about these issues on top of dealing with pain can be overwhelming.

An injury at work does not have to become a crisis. If you retain an experienced attorney from the get go, your attorney can help you get disability benefits, medical treatment, and even a lump sum award if you've sustained a permanent injury. This way, you can focus on your recovery.

One of the greatest values of retaining an attorney is that you will have someone who is on your side to protect your interests, financial and medical, every step of the way. If you've never made a workers compensation claim before, you may not realize that it can be an extremely adversarial process. The workers compensation insurance carrier is in the business of staying in business. That means they have an interest in avoiding compensating you if there is any colorable basis to deny your claim. The following are some of the most common reasons that workers compensation claims are denied - and how hiring an experienced attorney can prevent these things from happening to you.

Injured workers' claims are frequently denied on the basis that a causal connection is lacking, i.e., the injuries were preexisting. For example, you may have been in a prior motor vehicle accident and sustained a disk herniation in your lumbar spine, and then you reinjured your back at work. Although you may have been asymptomatic for years and working without any pain prior to the injury at work, the claim may be denied on the basis that your pain is actually related to the prior accident, not the injury at work.

An attorney can help you in a number of ways. First, if you haven't retained an attorney, most likely, you're being evaluated by a doctor who was hired by the insurance company. Your attorney can set you up with a doctor of your choice to examine you and provide an unbiased opinion as to the cause of your injuries. Your attorney can negotiate with the insurance company using your doctor's opinions to attempt to get your claim accepted. If the insurance carrier still refuses to accept the claim, your attorney can file issues on your behalf and a hearing will be set before an unbiased commissioner where your attorney will submit your doctor's opinions and will argue on your behalf.

Sometimes, an injured worker's claim is initially accepted and you receive some medical treatment and temporary total disability benefits (TTD). But then the checks stop coming. The insurance carrier justifies this for a variety of reasons. For example, their doctor has cleared you for light duty. If you don't go back to work light duty, your TTD benefits may be denied. But what do you do if there is no light duty available at your job? Or maybe their doctor has cleared you for vocational rehab, a program designed to strengthen you to get back to work. If you don't complete the program, your TTD benefits may be denied. What if you try to complete the program, but you simply are not well enough to do so? Or what if you can't drive to rehab because of the pain medication you're taking?

Again, your attorney can help you by setting you up with an unbiased doctor. If, after examining you, your doctor feels that you are unable to perform light duty, or not well enough to do vocational rehab, your doctor can write a report to that effect. Your attorney can then use your doctor's report to file issues on your behalf and obtain an order forcing the insurance carrier to pay your benefits.

At a time when it may feel like no one is on your side, hiring an attorney to be your advocate is one of the smartest things you can do to take control over your recovery.

If you or a family member has been injured as a result of an accidental injury at work and would like a free legal consultation or if you would like more information on work accidents, please feel free to contact our office or visit us on the web at www.portnerandshure.com