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

　

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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

Hyattsville, Maryland Workers' Comp Attorney | Maryland Workers' Compensation Laws

What is Workers' Compensation?

Under Maryland State law, all employers having one or more employees, full or part-time, are required to have Workers' Compensation insurance for the benefit of their employees. An employer or employee cannot waive provisions of this Workers' Compensation Law.

What benefits are provided by Workers' Compensation insurance?

To be covered under Workers' Compensation, an employee must have received an accidental personal injury while working ("on the job"). The injury must have arisen "out of and in the course of employment" in the words of the law. Not all workplace injuries are compensable. If your injury is determined to be covered then the employer or the employer's insurance carrier will provide medical and hospital treatment and partial income replacement benefits until you can return to work or until you reach maximum medical improvement.

Who pays for Workers' Compensation insurance?

The cost of Workers' Compensation insurance itself is borne entirely by the employer. No payroll deductions are taken out of individual employees' paychecks.  If your claim is found to be compensable your weekly benefits and all medical bills will be paid directly by your employer or their insurer. 

Are all injuries that occurred "on the job" covered by the Worker's Compensation Law?

No. Not all injuries are covered by the Workers' Compensation Law even if the injury happened "on the job." In Maryland, in order for an injury to be covered, the harm suffered by the employee must have been caused by an "accidental personal injury arising out of and in the course of employment." Just because a person is hurt "while working," "on the job" or "at work" may not be enough for the insurance to apply. Additionally, if you can prove that you have an occupational disease you may be entitled to Workers' Compensation benefits.

How do you determine if the injury was an accident?

An accident is when a sudden unusual or extraordinary event causes an unexpected result. The unexpected result is a bodily injury; that must be caused by an unexpected or unusual event. Injuries that do not fit into this category may very well be covered by general health insurance but may not be compensable under the Maryland Workers' Compensation Act.

What is an occupational disease?

Exceptions to the accident requirement are occupational diseases. These are illnesses caused by the nature of the circumstances surrounding the worker's job. For example, asbestosis is a disease that may have been caused by a worker's job of removing asbestos from buildings. Some forms of skin, eye or lung disease may have been caused by long term exposure to chemical solvents or other solutions used on the job. Conditions such as these may result in the employee's being covered by workers' compensation even though there was no specific "accident;" they are covered as occupational diseases.

What does it mean when the injury must "arise out of the employment"?

For a compensable accidental injury claim, the injury must "arise out of the employment". If the conditions under which the work is required to be performed by the employer causes the worker's injury, it is said to "arise out of" the employment. The focus of this factor is on the exposure of the employee to risk or danger because of the job requirements. For example, if a person must work in an environment that is usually wet and slippery--for instance, a car wash facility or a water amusement ride at an entertainment park--then a slip-and-fall injury experienced by that worker could be said to arise out of the person's employment.

How is "be in the course of employment" different from "arise out of the employment"? 

For a compensable accidental injury claim, the injury must also "be in the course of employment." "In the course of employment" is a slightly different factor. Here the attention centers on the time, place and circumstances of the injury. If the injury occurs during the period of time when an employee was at work, the employer's place of business or such other location as may have been designated by the employer, and while the employee was performing their job duties or something related to them when the injury took place, the injury is said to have arisen in the course of that person's employment.

I meet all of the requirements for a Workers' Compensation claim. Should I contact a lawyer?

Yes. 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.

Maryland Workers' Compensation Attorney|The New "Move Over" Law that Seeks to Protect Tow Truck Drivers

A new bill, nicknamed the "move over" bill, seeks to protect those who work in one of the most dangerous industries on the road. The bill has just cleared in the Maryland House of Delegates unanimously just this week. The Senate vote is awaiting action the Judicial Proceedings Committee.

Tow truck drivers face grave danger every day in their line of work. The AAA Mid-Atlantic found that from January 2000 to December 2005, 130 tow truck drivers were killed nationwide while assisting clients. This number does not even take into consideration the countless tow truck drivers who have been seriously injured on the job.

The new bill will require motorists to move into an open lane when tow truck drivers are attending to clients who need roadside assistance. This procedure is the law for when motorists approach police and other emergency vehicles. 

What Makes Portner & Shure Better than Other Personal Injury Attorneys in Howard County?

1. Familiarity with Columbia and the surrounding area. We opened in Ellicott City eighteen years ago, and now have our main office in Columbia. Since that time we have settled or tried over 15,000 personal injury cases, many for Howard County clients. We know how to best handle a Howard County accident case just by shear experience. Our verdicts and settlements in Howard County reveal that we can recover fair compensation from every insurance carrier including Allstate, MAIF, and GEICO. Further, the Howard County criminal defense attorneys on staff here at Portner & Shure have been to court with thousands of criminal defendants and have obtained excellent results. I have lived in Ellicott City for over ten years and am active in the community. In addition, half of our staff resides in Columbia or Ellicott City. As a result, we know the tendencies of the citizens who make up juries in Howard County and we know the tendencies of most of the Howard County District Court and Circuit Court Judges. This knowledge is a great asset in Howard County personal injury jury and Howard County criminal cases.


2. Does Portner & Shure do anything special to help represent the diverse make up of the residents of Howard County?Howard County has an extremely large and active Korean community. Our Korean Department allows our Howard County personal injury law firm to help Korean speaking accident victims and Korean speaking criminal defendants in Ellicott City and Columbia. In order to assist the Spanish speaking population, we currently have a Spanich department, including Elizabeth, Norma, Claudia, Will and Cynthia, to help with Spanish speaking automobile accident victims and Spanish speaking residents charged with DWI or other criminal offenses in Ellicott City and Columbia. Lastly, we have a Chinese department, consisting of Rosanna, Jane and Christine, to help Chinese speaking automobile accident victims and Chinese speaking criminal defendants in Columbia and Ellicott City.


3. Why Portner & Shure in Howard County?

• Our foreign departments allow our Howard County law firm to help the diverse population


• Our Howard County attorneys are always available


• We have a convenient, main office located in Columbia in Howard County


• Our Howard County attorneys have experience in Howard County from working and living here for approximately eighteen years.


• Our track record of great results


• We are respected by every insurance company

Howard County Automobile Accident Attorney

If you are involved in an automobile accident in Howard County, you need access to an attorney who knows the local courts and has considerable past personal injury experience. You need to be assured that when you hire your Howard County personal injury law firm, you are in competent, experienced and qualified hands. In your search for the right Howard County accident attorney, your research will have been a success if you call attorney, Jon Portner, Richard Shure, Kevin Ruby or Nick Parr at Portner & Shure.

The auto accident Team at Portner & Shure understands that the best auto accident case results aren't just earned in the courtroom. In order to succeed, a proper investigation must be conducted in the early stages of the process including a thorough case review and discovery. Our personal injury legal team has a desire to win and does not back down to the Howard County insurance defense attorneys, unlike some other personal injury law firms in Howard County. We prepare extensively for automobile accident cases and treat these cases with the utmost importance. A strong desire to win and exceptional preparation have enabled us to obtain an excellent track record in the Howard County District Court and the Howard County Circuit Court.

Our reputation in Howard County places us at or near the top among our peers in both settling and trying auto accident cases. A respectable personal injury litigation firm must excel at both. Combined Mr. Portner and Mr. Shure have negotiated and/or tried thousands of automobile accident cases throughout Maryland. Mr. Portner has considerable experience and a proven track record in Howard County District and Circuit Court.

In an attempt to be the best automobile accident attorneys in Howard County, the personal injury team at Portner & Shure constantly works to improve their knowledge in the personal injury arena and educates others. In this regard, Mr. Portner and Mr. Parr have researched and written numerous blogs concerning case values, tendencies of insurance companies, jurisdictional analysis, and litigation strategy.

The passion of that our automobile accident trial team displays in and out of the courtroom, as well as our advocacy experience and belief in our clients, has enabled us to convince judges, juries, and even insurance companies' attorneys to see the case from our prospective. Call Portner & Shure for your Howard County automobile accident representation, and experience our winning team's passion, experience and talent. Portner & Shure handles Howard County automobile accident cases throughout the county including, Columbia, Ellicott City, Clarksville, Fulton, Laurel, Glenelg, Jessup, and Sykesville.

State Trooper Ends Chase In Harford County, Maryland

On February 8, 2011, Federal Marshals issued a lookout for a silver Ford Taurus with Virginia tags in the Harford County area.  The operator of the vehicle, Brandon L. Pegram, 23, of Virginia was believed to be armed with a handgun and shotgun.  According to police officials, Pegram held his family hostage and threatened to harm any law enforcement officers who attempted to capture him. 

The vehicle was spotted by deputies at approximately 2:47 p.m. on Route 40 at Gateway Drive in Edgewood, Maryland.  The deputies attempted to initiate a stop when the vehicle fled the scene and traveled on Route 40 towards Baltimore County.  State Troopers from the Bel Air Barracks as well as Baltimore County officers joined in the pursuit.

Pegram attempted to ram civilian motorists and run down two deputies.  When he attempted to strike one of them a second time, causing the deputy to dive out of the way, a State Police Sergeant used his patrol vehicle to impact Pegram's vehicle.  The Trooper used a pit maneuver to force the suspect's vehicle to the side of the interstate and up against the guardrail.   The Trooper impacted Pegram's driver side door to prevent him from escaping on foot.

After resisting arrest Pegram was taken into custody with minor injuries.  He is facing charges of robbery, felony assault, kidnapping, first and second degree assault, vehicle theft, reckless endangerment, malicious destruction of property, and numerous traffic violations. 

Fortunately, innocent motorists were not injured in this accident.  Not to say, that the State Trooper who was forced to ram his patrol car into the suspect's vehicle did not sustain injuries.  In the event he did sustain injuries he would be entitled to make a claim for workers compensation as he was in the course of his employment when this accident occurred.  Workers compensation benefits an individual for an accidental injury at work.

In the event the suspect had endangered the lives of the other motorists or caused them bodily injuries they would have claims for personal injuries. Unfortunately, their claims would be known as uninsured motorist claims as they would not be able to make a claim against the owner of the vehicle the suspect was driving, as the vehicle was stolen.  Instead, the injured parties would be entitled to make a claim under their own automobile insurance for uninsured benefits.

If you, a family member, or someone you know has been involved in a work-related accident, car accident or you need more information on work-related accidents or car accidents, please visit us on the web at http://www.portnerandshureaccidentlawyers.com or contact one of our Maryland accident attorneys for a free consultation. 

Fatal Single Vehicle Accident on Interstate 70

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.