Maryland Accident Lawyer: Recent Case Result January 2016

            This month, Portner & Shure settled a Maryland workers’ compensation case from an incident that arose at a voluntary work event.  Our client worked at Target, and the company was holding an event for children where it was not mandatory for employees to attend.  Our client attended the event wearing her Target uniform.  The police had a booth at this event where individuals could wear drunk goggles, which allows them to see what it is like when someone is drunk.  Police officers placed these goggles on our client and she fell down a hill.  As a result, she severely injured her left knee, tearing her medial meniscus.  Her injuries required surgery to repair. 

Target claimed that they were not liable under their workers’ compensation insurance because our client was not working at the time of the accident.  Based on the information gathered from the Maryland Workers' Compensation Act, Section 5, Part C, subsection 2b, “The courts have applied a ‘positional risk’ test to determine whether an accident arose out of the employment. Under this test, an injury arises out of the employment if it would have occurred but for the fact that the employer's job required him to be in the place or position where he was injured.”  Using this information, we were able to settle the case for $71,000, which our client was very happy with.

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 

Maryland Workers’ Compensation Benefits

Here we outline the differences between temporary and permanent benefits, as well as total and partial disability benefits under the Maryland Workers’ Compensation Act:

1.      Temporary Total Disability Benefits

If an employee’s injury results in the person being completely disabled for all work purposes, the employee may receive temporary total disability benefits.  If this period of disability or “healing” is fourteen days or less, the benefit payments are not allowed for the first three days (except for payments for hospital, nursing, or other medical services).  If the “healing” period is longer than fourteen days, then the compensation is allowed to be paid immediately.

 

2.      Temporary Partial Disability Benefits

These benefits are intended to replace, in part, some of the income being lost during the period of not working.  These benefits may be paid to an employee who is not totally disabled during the recovery period and is still able to perform some work duties at a lower wage.  The employer or its insurer pays the covered employee compensation equaling half of the difference between average weekly wage of employee before injury and the average wage after injury while temporarily disabled.  The average Maryland weekly wage is calculated every year by the Department of Labor, Licensing, and Regulation.  Benefits to covered employees can never be less than $50 per week.

3.      Permanent Total Disability Benefits

In Maryland, the loss of any of the following is considered a permanent total disability: both arms, both eyes, both feet, both hands, both legs.  In addition, the loss of any two of the following constitute a permanent total disability: an arm, eye, foot, hand, or leg.

4.      Permanent Partial Disability Benefits

Injuries that result in a permanent impairment, but are not as severe as to leave a worker totally disabled, are covered by permanent partial disability benefits.  Benefit payments for permanent partial disability continue for a certain period of time that is determined by which part of the body is injured.  For example, the loss of a vital body part such as the thumb will result in longer payout periods than the loss of a pinky finger.  Once the period is over, no more payments are made.

If you or someone you love has sustained a 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