Recent Case Results October 2017

Recently, Portner & Shure settled a workers compensation claim where the Client was injured while doing some heavy duty lifting for his job. The injury was so severe, he had 6 surgeries to begin with, but complications lead him to having 8 surgeries. Although he has recovered for the time being, his ability to return to treatment for his injury remains open and he was approved for social security disability benefits. His total award from the Workers’ Compensation Commission was $272,000.00. This case was handled out of our Columbia, MD office by our Paralegal, Mrs. Pamela Brown and Attorney, Ms. Theresa Teixeira. 

Why Choose Portner & Shure for your Frederick Workers' Compensation Case

Suffering an injury while on the job can be devastating, possibly even life changing. From the pain and suffering to the sky-rocketing bills, the last thing anyone should have to deal with is arguing with the insurance company for compensation you deserve. When you've suffered an injury, the only thing you should have to worry about is getting the necessary medical treatment until you are better. Workers' compensation claims can often be confusing and frustrating.If you don't have an experienced workers' compensation attorney handling your claim, you could miss out on benefits and payments, or even worse, your claim could be denied altogether. 

With Portner & Shure, you get the expertise and resources of a nationally recognized law firm with the personal touch of a local office right in your backyard, staffed by experienced Frederick locals who are deeply rooted in the community and active in local charities and events. Our attorneys appear before the Workers' Compensation Commission regularly, battling the big insurance companies in the process.

If you've been injured on the job in Frederick, don't put your claim at risk and hire the experienced attorneys at Portner & Shure to help you get the compensation and benefits you deserve. Call today for a free consultation: (301) 854-9000, (410) 995-1515.

What Are the Steps in a Workers' Compensation Claim Process?

If you've been injured on the job and are trying to hire an attorney to handle your case, you may be wondering how that process works once a claim has been filed. Do I have to go to court? Will I receive compensation? How long will the process last?

The first thing you must do after suffering an injury on the job is to report that injury to your supervisor. It is extremely important to have documentation of the injury happening at work.

Once the injury report has been created at your job, the first step in the claim process is actually 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.

            

Second, 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 have suffered injuries while on the job, don't let this stressful time worry you, and make sure you hire an experienced workers' compensation law firm to handle the claim and get you the money you deserve. Call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

What Portner & Shure Can Do For You in Your Workers’ Compensation Case

Portner & Shure attorneys have handled countless workers' compensation cases throughout Maryland and Virginia over the last 2+ decades. With that comes immense experience appearing before the Workers' Compensation Commission. Workers' compensation laws are very complex and difficult to understand, and that is why it is extremely important to hire an experienced attorney to handle your case and explain how everything works.

Workers' compensation law allows injured employees to be compensated based on their injuries and any permanency related to their injuries. Whether you are entitled to temporary total disability benefits or permanent partial disability benefits, you an rest assured that your attorney will fight for every benefit possible in your case.

Without an attorney to advise you, you risk saying something or doing something that can have a detrimental impact on your claim. Your attorney will counsel you on how to deal with the workers' compensation insurance carrier and with your employer.

If you've been hurt on the job, call to speak with one of our nationally-recognized workers' compensation attorneys at Portner & Shure today for a free consultation. Don't let the insurance company bully you into returning to work too soon or avoid paying you the benefits you are entitled. Call now: (301) 854-9000, (410) 995-1515.

Work Zone Accidents: What to do if you're Injured in a Work Zone

As we have moved into spring, you may have noticed a lot of road work around the area. This is prime time for road work repairs to occur because the weather is warm and the roads that were damaged during the winter need repair.

Recently, Maryland's Transportation Authority held a work zone safety week to bring awareness to the dangers of driving in and around work zones on highways and area roads. Many drivers ignore signs for reduced speed or caution when driving through work zones, and as a result, serious accidents involving road work crews occur. Workers have very little, if any, protection when they are doing their job in the work area. Cars can pass through at high speeds, and if they make one mistake, they can crash into one of these workers, causing serious, and sometimes fatal, injuries.

If you are injured by a motor vehicle while working in a construction zone, you have two potential claims: a workers' compensation claim and a personal injury claim against the at-fault driver. In order to bring a workers' compensation claim, a person must have been on the job, performing an activity within the scope of their job, and the worker must have reported the accident to their supervisor. A workers' compensation claim is handled much differently than a personal injury claim. There are different benefits that an injured worker that was hurt on the job can receive in a workers' compensation case compared to a personal injury case.

Hiring an attorney that is experienced in both workers' compensation claims and personal injury claims for auto accidents is very important to ensure you obtain favorable outcomes in both types of cases. If you've been injured while working in a construction zone, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

When Notifying your Employer About an Accident, What Type of Information Should you Include?

We have written several blogs previously about the importance of filing an accident report with your supervisor when you have been injured at work. One of the most common reasons why a workers' compensation claim is denied is because an employee failed to notify their supervisor that they were hurt while on the job. Without that documentation, it is impossible to show that you actually suffered injuries on the job as opposed to being hurt at somewhere other than work.

When filing an accident report with your supervisor, there are certain details you should make sure to include in that report. The necessary information that should be in your accident report filed with your supervisor includes:

• your name
• your address
• the location of the accident and injury 
• the time of the accident and injury
• the nature of the accident and injury 
• the cause of the accident and injury

If you have been injured while on the job, it is important to hire an experienced workers' compensation attorney to represent your interests. Your employer may tell you that they will "take care of you," but in reality, they are only worried about limiting the amount of damages they will pay.

If you've been hurt on the job, call the workers' compensation attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

How Long Will my Workers' Compensation Case take to Complete?

With any legal matter, one of the most common questions that clients will ask is how long their case will take to conclude. Unfortunately, in the legal world, there is never a definitive answer, especially when it comes to time. In a workers' compensation case, it is impossible to predict how long the claims process will take to finish.

Generally, a workers' compensation case involving general injuries that are easily treatable and do not require extensive surgeries can finish in about 6 months. However, workers' compensation cases involving significant injuries where surgery is required can take much longer--upwards of 2 years.

There are numerous factors that play role in determining how long a case will take for workers' compensation. Some of these factors include:

• Effectiveness of treatment and how long it takes until the injured worker is recovered
• If treatment is not effective and surgery is recommended, all other non-invasive forms of treatment must be exhausted before approval for surgery is given
• Surgical complications can lengthen the process
• Waiting a certain period of time after release from treatment in order to get a permanency rating

There are many more factors that can play a role in making a workers' compensation case drag out longer. 

If you have been injured on the job, call the experienced attorneys at Portner & Shure for a free consultation today: (301) 854-9000, (410) 995-1515.

Not All Injuries Are Covered by Workers Comp Even if You’re Injured on the Job

You often hear, "if you're injured on the job, you're entitled to compensation." That statement is mostly true, but sometimes is not exactly how workers' compensation law works. the Maryland workers' compensation law carries certain exclusions that the insurance companies often attempt to exploit to deny benefits to injured workers.

On of the most commonly cited exclusions is the "independent contractor exception." This exception holds that true independent contractors who are simply performing a contracted service are NOT covered by the general contractor's workers' compensation insurance because they are NOT employees. Sometimes, however, the employer will try to characterize an actual employee as a subcontractor in order to avoid compensating them for injuries on the job.

The distinction between an independent contractor and subcontractor involves many factors. These include: how much of the claimant's total work is done just for that employer, how much control the claimant has over the methods of the work, the payment structure, and whether the work is part of the employer's regular business or something foreign to them.

As you can see, the law for workers' compensation cases can be quite confusing. That's why it is very important to contact an experienced attorney who can talk you through the process and explain everything to you. An experienced attorney may even be able to obtain benefits for your even if you've been denied as an "independent contractor."

Call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

What You Need to Know About Permanent Partial Disability Benefits

In a workers' compensation case, there are four distinctions as to how benefits are paid to the injured worker: temporary partial disability benefits, temporary total disability benefits, permanent total disability benefits, and permanent partial disability benefits.

Here is what you need to know about permanent partial disability benefits:

• Injuries that are not so serious as to result in a permanent total disability may result in an injured worker being awarded permanent partial disability benefits for compensation of some permanent impairment that they suffered. 
• Generally, a covered employee who is entitled to compensation under the Workers' Compensation Act shall receive a minimum weekly compensation of $50 for permanent partial disability, unless their wage was less than $50.
• Benefit payments for permanent partial disability continue for a period of weeks established by the statute. This period varies depending on the body part injured. The loss of a thumb, for example, results in payments for 100 weeks.

If you have been injured while on the job, call Portner & Shure today for a free consultation: (410) 995-1515, (301) 854-9000.

Do I Need a Workers' Compensation Lawyer? My Employer Said I Don't

A common question that individuals that have been injured in a work accident ask is whether they need an attorney. In some cases, either their employer or the insurance company that represents their work has suggested that they can handle the case without a lawyer.

We often tell people that when someone representing the other side suggests that something can be done without involving legal representation that they are not doing it out of the goodness of their hearts, but are making that request because they are the one's that benefit.

In fact, just because an insurance company, or an employer is paying an injured person, that does not mean that a claim has officially been established. It is not uncommon for insurance companies to pay an employee just up until the time that the deadlines for filing a claim expire, and then because an injured worker has not officially filed claim, stop payments. Workers' compensation cases can be filled with potential procedural pitfalls that can cause an injured worker to have difficulty getting all of their benefits and in some cases they can lose their benefits entirely.

Whether the proper claim forms were not filed on time, or the doctors haven't provided the right reports or the required language in their reports wasn't used, or even in some cases where too much time has elapsed between orders from the Workers' Compensation Commission, these all can be ways that an injured employee can lose their benefits. An attorney that understands the Workers' Compensation laws makes sure that someone who has been injured at work will receive all of the payments and benefits that are rightfully theirs.

If you've been injured at work, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

When Should You Hire a Workers’ Compensation Lawyer?

Every day, workers are injured on the job throughout the country. Yet, most injured workers do not know what steps to take after suffering that injury. They also do not know how the process works or filing a workers' compensation claim. In fact, the process can be quite confusing, but if you follow these simple steps, you can rest-assured that your claim will be properly filed.

First, immediately after the work accident occurs, find your supervisor or someone in a managerial position and file an incident report so that your injuries are documented.

Second, seek medical treatment for your injuries. It is important that you see a doctor either the same day or within a few days of the accident, depending on the severity of your injuries.

Third, hire an experienced workers' compensation attorney. You want an attorney experienced in these matters, with high ratings and great client reviews.

If you've been hurt on the job, call the experienced workers' compensation attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Questions to ask a Workers’ Compensation Lawyer

When looking for a lawyer to represent you in a work-related case, it is important to consider a number of factors.

First, while many attorneys claim that they can handle this type of case, it is important to consider whether they actually practice before the Workers’ Compensation Commission on a regular basis.  Familiarity with the judges or commissioners can be an invaluable quality when pushing forward with a case.

Additionally, it is helpful to find a lawyer who has a large enough staff to properly monitor the injured worker’s case.  Unlike other areas of law, the constant monitoring of the ongoing medical treatment and the need to confirm that disability checks are being mailed and received in a timely manner, must be kept up with at all times.  Lapses can cause delays in medical care and the payment of weekly benefits.

It is also important to hire a law firm with the resources to go beyond the Workers’ Compensation Commission if necessary, and to take the fight before a jury in the circuit court.  This is a much more formal and costly endeavor, and a lawyer needs to have the experience necessary to be successful before a jury. They also need to have the financial resources to fight the insurance companies through the use of expert witness testimony.

If you’ve been injured on the job, call the experienced workers’ compensation attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515 

What are Temporary Total Disability Benefits?

The Maryland Workers' Compensation Statute lays out four different types of disability benefits that can be paid to injured workers. One of the most commonly paid type of benefit is a temporary total disability.

Temporary Total Disability Benefits are paid if an employee’s injury results in the person being completely disabled for all work purposes. The employee may receive this type of disability benefit if it can be shown that the worker cannot work at all.  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.

Workers' compensation laws can be quite confusing, therefore, it is very important to hire an attorney to represent your interests. If you are injured on the job within your employee duties, you have a workers' compensation claim and are entitled to compensation for your injuries. Call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000.

What Happens if my Employer Does NOT have Workers' Compensation Insurance?

Work injuries occur all the time and every employer is required to carry workers' compensation insurance to cover any employee who may be hurt on the job. But, even though employers are required to carry workers' compensation insurance does not always mean that they do. You may be wondering, what happens if you are injured at work and your employer does not have the proper insurance to cover your injuries. No need to worry because you can still recover the compensation you deserve.

Once your workers' compensation claim is filed, the workers' compensation commission will send a letter to your employer notifying them about their injured employee and the fact that they do not have the required insurance. Your employer is given a certain number of days to provide compensation for their injured employee or face a fine. Then, your claim will proceed under the Uninsured Employers Fund (UEF). The claim will go through the same process as any other workers' compensation claim. Once a settlement is reached, another letter will be sent to your employer letting them know that a settlement has been reached and the letter asks your employer if they are going to contribute to paying some or all of your medical bills. Your employer will then be fined again because of their failure to have workers' compensation insurance.

If you've been injured on the job, always remember to immediately report your injuries to your employer and seek medical attention for your injuries. If your employer does not have the required workers' compensation insurance, do not worry, you will still be able to receive compensation for your injuries. Call Portner & Shure today for a free workers' compensation consultation: (301) 854-9000, (410) 995-1515.

What Clients Are Saying February 2017

“Recently graduated high school, I was in a double collision car accident in June 2016. I had never hired a lawyer before, so I knew nothing of that sorts. My parents hired Portner & Shure to handle my case, and they were picky when choosing a lawyer. Portner & Shure was fantastic! Christine Phong, the person who ran my case, worked diligently for months. They updated me fairly well, and asked for anything that could benefit me. Just recently, I received my end outcomes, and I am very pleased with the results. I would definitely hire Portner & Shure again if needed. I highly recommend them to anybody!”

This case was handled by our Paralegal, Christine Phong, who works out of our Columbia, MD Office.

Why Should I Hire a Workers’ Compensation Lawyer for my Work Accident Injury?

Workers are injured on the job every day. Many people will report their injuries to their employer and leave everything to them. What workers do not know is that by leaving everything in the hands of their employer, their best interest is not at heart. The employer will always try to limit any exposure and any damages they may owe to the worker. An injured employee should always hire an experienced workers' compensation attorney to represent their best interests.

In many cases, the employer is at-fault for their employee's injuries. So, if the employee trusts their employer to compensate them fairly, they could be missing out on significant compensation that they deserve. Another common issue is that some employers do not carry workers' compensation insurance. Every employer is required to carry this insurance because it is to be used to cover injuries to employees that occur while on the job.

If you've been injured while at work, don't trust your employer to fairly handle your claim, and make sure to hire an experienced workers' compensation attorney. Call Portner & Shure today for a free consultation: (301) 854-9000.

Can I Sue My Coworker for Injuries Suffered at Work?

In Maryland, as in many other states, the law generally limits claims for injuries that happen while on the job. These claims are limited to the benefits conferred under the workers' compensation statutes. In other words, this means that you cannot personally sue your coworker for negligently injuring you at work. This restriction even applies if your coworker, who is driving a company vehicle in the course of employment, causes a car accident while you're in the vehicle. However, in this type of case, it is possible to file a personal injury claim against a third party motorist if they caused the accident. So there would be a workers' compensation claim and an auto tort claim.

If you're injured on the job, remember to always report the injury promptly to your employer in order to create a record. In addition, make sure to seek immediate medical attention for your injury. When filing a workers' compensation claim, the two most important things to have for a successful claim include, an injury report from your employer and medical records showing treatment for your injuries.

If you've been injured on the job, call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Tips to Avoid the 3 Top Reasons Why Workers’ Compensation Claims Are Denied

Workplace injuries happen everyday. However, not every injury is directly attributable to your duties as an employee. Workers' compensation law is very complex, and for that reason, not every work injury results in compensation for the employee.

With our 20+ years of experience in representing injured workers in Maryland, we have compiled a list of the three most common reasons why a workers' compensation claim is denied.

First, even though you may have been injured at work, you cannot recover compensation if the injury arose out of an activity not within the scope of your duties as an employee.

Second, if you're injured at work, but fail to report that injury to your employer, your claim is likely to be denied because there must be any injury report from the day the injury happened. If you don't report it, how can you expect to be able to recover compensation.

Third, if you fail to seek treatment until one month or more after the accident, your claim is likely to be denied because it would appear you are not actually injured on the job. Getting treated for your injuries soon after the accident is very important when making a claim.

If you have been injured on the job in Maryland, call Portner & Shure today for a free consultation: (301) 854-9000; (410) 995-1515.