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