Maryland Accident Attorney: Common Reasons that Workers Compensation Claims Get Denied and How an Attorney Can Help

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.  Your attorney can help you get disability benefits, medical treatment, and even a lump sum award if you’ve sustained a permanent injury.

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.  Here 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.  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.

Sometimes, an injured worker’s claim is initially accepted and you receive some medical treatment and some disability benefits.  But then the checks stop coming.

Your attorney can help you by setting you up with an unbiased doctor.  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.

If you or a family member have been injured or killed in a Maryland work-related accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Worker Receives $2.5 Million Settlement for Permanent Injury

            A Caroline County man was left permanently disabled in a rail yard accident in 2009 while working for the Maryland & Delaware Railroad Company.  A wrench he was using “exploded” in his hands, which caused him to fall and injure his back.  The injury to his back resulted in him not being able to move his legs.  The worker, Michael A. Blades, required a “spinal stimulator implanted as a result of the fall” and he can no longer work.  The metal making up the wrench was “breaking down” and “bowed or U-shaped” instead of straight.  Blades had asked his general manager for help and to see if he could use a newer wrench, but the manager declined. 

After Blades suffered his injury, the general manager put the wrench back together and had a “younger and more able-bodied” worker finish the job.  However, the wrench broke again, but no one was injured.  Blades worked for the company for another year after the accident before being fired and losing his medical coverage. 

All parties involved agreed to mediation where both sides came to an agreement on a $2.5 million settlement.  Blades’ attorneys successfully argued that the company was at fault for forcing a handicapped man to do physical labor beyond his capability and with a defective wrench.

Railroad workers are not covered by workers’ compensation laws.  Instead, they are covered by the Federal Employers’ Liability Act (FELA), which compensates railroad workers who are injured on the job and cannot return to work.

If you or someone you love has sustained a work injury in Maryland, or would like more information on workers compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/Permanent-Total-Disability.shtml 

Silver Spring Workers’ Compensation Construction Injuries

           In the last three years, there have been relatively few workers’ compensation claims resulting from construction accidents compared to the top three industries for workers’ compensation injuries.  In 2014, there were 683 filed claims from the general construction industry.  Compare that to a combined total of 5,518 for the top three most dangerous industries in terms of filed claims.  There were a total of 58 fatalities in 2014 as a result of workplace industries, with 7 coming from the construction industry.  Baltimore County, Baltimore City, and Prince George’s County led the way in the number of claims filed in 2014.

            Construction workers are subject to some of the most serious injuries due to the dangerous mature of the job sites.  Construction companies often take extra precautions by implementing safety regulations and training employees in safety.  Sometimes the heavy machinery and construction tools result in a worker getting injured.

            The most common injuries in the construction industry result from faulty equipment, chemical leaks, scaffolding accidents, falling off ladders, crane malfunctions, forklift accidents, and explosions.  If a worker is injured on the job, they immediately need to seek medical attention.  Once their injuries have been attended to, the worker must notify the employer in order to start the workers’ compensation claim process.  The types of benefits you could receive depend on the severity of the injury and how long until the worker is able to perform their work duties again.  Maryland’s Workers’ Compensation Act includes benefits for temporary and permanent injuries, as well as total and partial disabilities.  Due to the dangerous nature of construction sites, injuries usually result in permanent impairment, such as loss of limbs, loss of fingers or toes, or permanent damage to eyes or ears.  It is important that you hire an experienced Maryland workers’ compensation attorney to ensure that you can recover all benefits possible so that you can be compensated for your injury.

If you or someone you love has sustained a construction site work injury in Silver Spring, Maryland, or would like more information on workers compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/Permanent-Total-Disability.shtml