Some careers are more dangerous than others, but no matter how safe your job may be, there’s always some risk of injury. Many people think that if they get hurt at work, they just need to sign a few forms to file a workers’ compensation claim, wait for a payout, and then focus on healing enough to get back to work. Unfortunately, it’s almost never that simple — but when you know how to proceed, you can increase your chances of a successful claim. Here’s a look at what steps to take if you’re injured at work in Maryland.
Getting a workers’ compensation claim approved is more difficult than you might think. An experienced Maryland workers’ compensation lawyer can guide you through the process and increase your chances of a successful claim.
What to Do if You’ve Been Hurt at Work in Maryland
How You Handle Your Injury May Impact Your Claim
Your workplace likely has policies and procedures in place for employee injuries, but you should also know how to advocate for yourself if you’re hurt on the job. Here’s a general guide on what to do if you get hurt at work.
1. Get Medical Help
In the event of any kind of injury, getting medical help should be your primary concern. If your injury is an emergency situation (like a suspected brain injury from a hard hit to the head), you should seek immediate medical care. If your injury is not an emergency, you should seek treatment from your primary care doctor or urgent care. Your employer’s workers compensation doctor might not be looking out for your best interest. In either case, gather as much documentation of your injury as you can and keep it in a safe place.
2. Report the Injury to Your Employer
Waiting too long to report your injury can harm your claim and make it less likely that you’ll receive the compensation you deserve. In an emergency, you should, of course, get medical care first. Once your condition has stabilized, you should make a report as soon as you can. If you aren’t sure how to formally report your injury, make sure to ask — your employer should have standard forms for you to fill out. Always obtain a copy of any form you fill out or sign and keep it with the rest of your case documentation. At least, make sure you report the incident to your supervisor.
3. Determine Whether Your Injury Meets the Qualifications for a Personal Injury Claim
In Maryland, the law surrounding work injuries is more nuanced than it is in other states. Getting hurt at work does not itself guarantee that your injury will be covered by workers’ compensation insurance. Under Maryland law, a work injury must be accidental or an occupational disease and must arise “out of and in the course of employment.” Unless you have extensive legal training, it can be challenging to determine whether your injury meets these requirements.
Even if your employer says your injury does not qualify for a workers’ compensation claim, you should still consult with a work injury lawyer in Maryland. A skilled attorney can determine whether your workers’ compensation claim is likely to be successful. If it is, your attorney can help you move on to the next steps.
Many workers’ compensation claims are denied for trivial reasons. While there’s no way to guarantee that your claim will be accepted, a workers’ compensation attorney can help you put together a claim with a high likelihood of approval. Call Steven H. Heisler at (410) 625-4878 to book your consultation today.
4. File a Workers’ Compensation Claim
If your attorney determines that your case meets the requirements for a workers’ compensation claim in Maryland, they can help you file your claim. The time limitation to file a claim with the Maryland Workers Compensation Commission is two years from the date of accident. For an occupational disease claim, the time limitation is two years from date of disablement. Strictly speaking, you are not required to have the help of a lawyer when filing your claim — but a work injury lawyer can make the process easier in a number of ways:
- They can help you gather and attach the right documentation to prove the extent of your injuries.
- Working with a lawyer often increases your chances of a higher settlement.
- Because lawyers know how to file claims, you can avoid filing a form incorrectly or missing a deadline.
- If your claim is denied, your attorney should be able to determine what to change on the appeal.
- You can leave the logistics of the claim to your attorney and focus on healing.
A work injury is disruptive enough on its own. When you allow your attorney to handle the claim process, you free yourself up enough to really focus on getting better.
What Benefits Can You Receive From a Workers’ Compensation Claim?
In Maryland, the workers’ compensation system is designed to cover medical costs, partially replace lost wages, and compensate you for any permanent disability. How much you will be awarded depends on many factors, including the following:
- The severity of your injury
- Whether the injury made you partially or totally disabled
- Whether the injury made you temporarily or permanently disabled
- How much you earn per week
- Your disability rating.
Each workers’ compensation case is unique — so much so that without evaluating your particular case, it’s impossible to determine how much compensation you may be eligible for. Your work injury lawyer can discuss your injury with you and give you an estimate of your case value.
Have You Been Injured at Work?
You Need an Experienced Advocate to Stand Up for Your Rights
When you’re filing a claim for a work injury, it’s critically important to understand that workers’ compensation insurance providers are not on your side. Like other insurance providers, they prioritize avoiding payouts as much as possible. An experienced workers’ compensation attorney can increase the chances of your claim being approved, and if your claim has already been denied once, an attorney can boost your chances of a successful appeal. Since 1996, attorney Steven H. Heisler has dedicated his career to advocating for the rights of injured Maryland citizens — and he may be able to help you, too.
If you have been injured at work, don’t wait — call Steven H. Heisler at (410) 625-4878 to book a free consultation.