What’s all this TTD, TPD, PPD, and PTD about in a Workers’ Compensation Case?

·         You may have heard these terms being thrown around and wondered what they mean.

·         TTD, or temporary total disability, is the most common of the 4 terms because it is paid to an injured employee who is placed off work by their treating physician and it is calculated by taking 2/3 of the employee’s average weekly wage; however, these payments do not last forever.

·         TPD is temporary partial disability and is a bit less common.

·         If there is any permanent damage caused by the work injury, the employee may be entitled to permanent partial disability (PPD) or permanent total disability (PTD).

·         If you’ve suffered a work injury, call Portner & Shure today so we can help you recover temporary total disability immediately, and ultimately, permanent partial disability, (301) 854-9000, (410) 995-1515. 

What our Clients are Saying this Month

I am very happy with the service from the attorney’s office, Portner & Shure, for my worker’s compensation case. Thanks to the paralegal, Rebecca, and assistant, Erica, for everything. The communication was excellent and the offer I got was more than I expected. They kept me up to date about my case all the time and they answered all my questions. It was a pleasure to work with Rebecca Dean. 

Specific Language in Maryland Workers’ Compensation Law You Should Know

            In Maryland, in order for an injury to be covered by workers’ compensation, the harm suffered by the employee must have been caused by an “accidental personal injury arising out of and in the course of employment.”  In many cases, just because an employee is hurt while at work does not mean that you are automatically entitled to workers’ compensation under Maryland law. 

            

            It is important to understand what this language means in order to determine if you have a viable workers’ compensation case in Maryland.  “Arising out of employment,” as it relates to workers’ compensation, means that while you were performing required work duties, you suffered an injury.  This language in the law is meant to protect employers from being held liable for injuries that result from activities not part of required duties.

            

           “Arising in the course of employment,” as it applies to workers’ compensation law takes into account the time, place, and circumstances of the injury.  Therefore, if an employee is injured during the time he or she is at work, it occurs at the employer’s place of business or other designated location, and it is while employee was performing job duties, then it is likely that you will have a viable workers’ compensation claim.

            

            Another aspect of the language of Maryland’s workers’ compensation law is 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 an exception.

The “premises exception” to the coming and going 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.

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/

Describe Each of the 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 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 Columbia or throughout Maryland or visit us online athttp://www.portnerandshure.com/Workers-Compensation/

How is Permanency Calculated in a Maryland Workers' Compensation Case?

  ·         If you’ve sustained a permanent injury on the job, but you’re not completely disabled, you are             entitled to compensation for your permanency.

  ·         The amount of compensation that you will be entitled to depends on a relatively complex formula        which is based on: (1) the injured body part, (2) the percentage of permanent impairment to that          body part, (3) and your average weekly wage.

o   Each injured body part is worth a certain number of “weeks” of compensation.

§  “Weeks” is the term used by workers comp, but since these awards are usually paid in a lump sum, it may be useful to simply think of the “weeks” as units.

§  Arms and Legs = 300, Foot = 250, Eyesight = 250, Hearing = 125/ear, Hand = 250, Thumb = 100, Fingers = 25-40, Great Toe = 40, Other Toes = 10

§  “Other Cases” are worth the most – 500 weeks.  Other cases include the neck, back, shoulders and chest.

o   Step 2 is to multiply the number of weeks associated with your injured body part by the percentage of your permanent impairment to that body part to determine what “tier” your injury fits into.  The tier will determine the rate at which you will be paid per “week” or unit.

§  First tier injuries = 75 weeks or less.  These are considered more minor injuries.  You will be paid one third of your AWW, but no more than $168 per week.

§  Second tier injuries = 75-249 weeks.  You will be paid two thirds of your average weekly wage, but no more than $335 per week.

§  Third tier injuries = 250 or more weeks.  These are very serious disabilities and are compensated at a rate of two thirds your AWW, but no more than $754/wk

o   For example: Your AWW is $300 and you have a 25% impairment to your back.  The back is worth 500 weeks, x 25% = 125 weeks.  125 falls into the second tier so you will be paid 2/3 of your AWW ($200) x 125 weeks = $25,000.00 (minus fees and expenses)

  ·         Calculating permanency is obviously quite complicated for people who are not familiar with it, but     for workers compensation attorneys and paralegals, it’s like second nature.

  ·         The takeaway to consider is how the value of your permanency can be maximized.

o   For example the thumb is worth 100 weeks but the whole hand is worth 250.  If you can establish that your thumb injury has caused an impairment to your entire hand, you may be able to take advantage of more than double the weeks.

o   If you’re dealing with a body part that gets more weeks to start with, you’ll be more likely to get over 75 weeks after your % is applied, thereby getting you into the second tier and increasing the rate at which you’ll be paid.

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/

Top 10 Questions a Maryland Workers' Compensation Attorney Answers Every Day

Portner & Shure receives a number of calls on a daily basis regarding injuries on the job in Maryland. Some of those injuries are considered soft tissue while others are considered much more serious, such as disc herniations or broken bones. Regardless of the nature of the injury sustained, we are asked the same questions. Our Maryland Workers’ Compensation attorneys compiled the top ten questions that we are confronted with regularly.

1) Can I sue my employer because I was hurt at work in Maryland?

The answer to this question is simple: NO. When you are injured in the course of your employment, you cannot sue your employer. Your remedies are provided under the Maryland Workers’ Compensation laws. The good news is workers’ compensation is no fault. As a result you will not have to prove your employer did anything wrong.

2) What do I do if I am injured on the job and my employer does not have workers’ compensation insurance?

All employers in the State of Maryland are required under the law to carry workers’ compensation insurance. However, in the event that an employer does not have insurance, a claim can still be pursued. The Uninsured Employers Fund will step in to assist you with your claim. An employer who is found to not have workers’ compensation insurance will be fined by the Maryland Workers’ Compensation Commission.

3) How soon can I recover my lost wages?

The time period in which an injured Maryland worker recovers his or her lost wages varies from case to case. If all the proper procedures are followed, an injured worker could receive benefits relatively quickly. Once the insurance carrier has reviewed and accepted the claim as compensable, then benefits can be paid almost immediately. However, if the insurance company decides to contest the claim, then a hearing before the Maryland Workers’ Compensation Commission may be required.

4) What is the Maryland Workers’ Compensation Commission and what do they do?

The Maryland Workers’ Compensation Commission oversees the workers’ compensation claims process. They act as the court system if you will. If there is a dispute between the injured worker and the insurance carrier that cannot be resolved, a hearing is requested wherein a Commissioner will hear the matter (similar to a judge) and make a decision on the matter.

5) Do I really need a work injury attorney to represent me or can I handle my Maryland Workers’ Compensation claim on my own?

A Maryland work injury attorney is not required to pursue a claim for Maryland Workers’ Compensation but it is recommended. An experienced Maryland Workers’ Compensation attorney can help navigate you through all the procedures. The workers’ compensation process is lengthy and full of forms and guidelines. A well-versed Maryland workers’ compensation attorney can maneuver through the red tape in order to move your claim through as quicky as possible.

6) If there is a dispute with the insurance company and a hearing before the Maryland Workers’ Compensation Commission is requested, how long does it normally take to get a hearing date?

Once a hearing is requested, it is up to the Maryland Workers’ Compensation Commission to schedule the hearing date. Neither an attorney nor an injured worker has control over when the date is scheduled. It could take a month or more to get a hearing date.

7) If I call the Maryland Workers’ Compensation Commission, can I expedite the hearing process?

No. Phone calls to the Workers’ Compensation Commission will NOT get a faster hearing date. Depending on the circumstances, a Maryland injury attorney may be able to assist with the filing for an emergency hearing. It is important to understand that even though an emergency hearing is requested that does not necessarily mean that the request will be approved. In fact, those requests are very rarely approved.

8) Can I get legal advice from the Workers’ Compensation Commission?

No. The Workers’ Compensation Commission does NOT provide legal advice.

9) I received an Order from the Workers’ Compensation Commission, when can I expect to receive my compensation? And what if I am not happy with the result?

The law in Maryland is that the insurance carrier has 15 days from the date of order in which to issue payment. Failure to issue payment within those 15 days can result in penalties.

Second, if an award is issued by the Workers’ Compensation that is believed to be unfair, there is always the option to appeal the decision to the Circuit Court. An appeal must be filed within 30 days of the date of the award. Otherwise, you will be forever barred from doing so.

10) I speak only Spanish, Chinese or Korean. How can I present my claim before the Maryland Workers’ Compensation Commission?

First, prior to the hearing, a Maryland work injury lawyer who has staff with Korean, Chinese, and Spanish speaking work injury paralegals must prepare you to testify. Second, the Maryland work injury attorney must request a court certified Spanish, Chinese, or Korean speaking interpreter to be present at your hearing.

To that end, we feel that any person sustaining an injury in the course of his or her employment should contact an experienced worker’s compensation attorney. An attorney could mean the difference between a lengthy painful legal process and a smooth timely claim that ends with your rights being protected. 

If you or a family member has been injured as a result of an accident that occurred during the course of your employment, and you would like a free legal consultation or if you would like more information on work-related accidents please feel free to contact our office (301) 854-9000 or visit us online at http://www.portnerandshure.com/Workers-Compensation/

Maryland Workers’ Compensation Attorney: How Does the WCC Claim Process Work?

           In a workers’ compensation case, the first step in the process is filing the claim with the employer’s insurance carrier.  The carrier will then either accept or deny that the worker’s injury, illness, or fatality is work related.  If the carrier denies the claim because they do not believe the injury is work-related, the disputed claim could end up in a hearing before the workers’ compensation commission (WCC).

            

           For an accepted claim, medical care and treatment for the injured employee is paid by the insurance carrier.  The injured worker will also receive compensation benefits to partially replace wages that would have been lost because of the injury.

            

           Next, the employer has 10 days after being notified of the employee’s accidental death or injury to file the first report of injury.  This is then followed by the filing of the employee’s compensation claim with the WCC.  Within 21 days of this filing, the employer and/or the insurer pay the benefits to the employee, or instead, they may file contesting issues if they are disputing the claim.  While a claim is being processed by the WCC, the commission will, within 30 days, issue an award or schedule the case for a hearing because contesting issues were filed.

            

           Following a WCC hearing, the commission will issue an order, which may or may not include an award, depending on their ruling.

           

           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/

Maryland Workers' Compensation Lawyer: 2015 Statistics for Common Workplace Accidents and Injuries

In 2015, there were fewer workers’ compensation claims filed than in 2014, with about 23,700 total claims filed.  Back injuries continued to be the most common part of the body affected, with 26% of all injuries.  Shoulder and knee injuries were the two next most common injuries in a workers’ compensation case.  The top four industries accounting for the most workers’ compensation claims are policemen and security, truckers, colleges or schools (including daycare centers), and hospitals.  Portner & Shure attorneys have represented clients in workers’ compensation cases for more than 25 years.  In addition, our attorneys have extensive experience dealing with insurance companies, employers, and the government with respect to obtaining injury benefits.  When you are in an accident at work, you are entitled to workers’ compensation benefits whether you, another employee, or your employer is at fault.

One interesting statistic to note from the 2015 data is the percentage of claims disallowed by the workers’ compensation commission.  Only 2.5%, or 584 of the more than 23,700 claims filed were disallowed by the commission.  That just goes to show that nearly every workers’ compensation claim brought against an employer is a valid claim.  Another important statistic to look at is the number of fatalities for workers’ compensation cases.  Unfortunately, the number of fatal accidents in 2015 increased to 67 compared to the previous two years, which both had numbers of 58 and 56, respectively.

The following are the most common accidents that occur in the workplace:

·         Construction accidents

·         Slip and fall accidents

·         Driving accidents (including coming and going to and from work)

·         Railroad accidents

·         Industrial accidents

·         Fire and explosion accidents

·         Electrocution and electric burn accidents

·         Heavy or defective equipment and machinery accidents (crane and forklift)

·         Falling from an elevation accidents (i.e. ladders, stairs, platforms, scaffolding)

The following are the most common injuries that result from the accidents listed above:

·         Arm, hand, and finger injuries

·         Back, neck, and spine injuries

·         Leg, knee, and foot injuries

·         Repetitive stress or overexertion injuries

·         Dog bites (UPS, FedEx, USPS)

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 Columbia or throughout Maryland or visit us online at http://www.portnerandshure.com/Workers-Compensation/

Maryland Workers’ Compensation Attorney: Common Reasons that Workers Comp 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 workers' compensation 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/Workers-Compensation/