New Carrollton Workers' Compensation Attorney

Lawyer Helping Employees File Workers' Comp Claims in New Carrollton, MD

Every day, people in and around New Carrollton head to jobs in warehouses, at construction sites, in hospitals, at retail stores, in offices, and in a wide variety of other places. Most people are able to get through the workday safely, but in some cases, accidents can occur, and they can lead to injuries that may keep people from working and supporting their families. Workers' compensation can provide medical care and make up for lost income when that happens.

Workers' compensation in Maryland is a no-fault system. A person does not need to prove that their employer did anything wrong, and they can also receive benefits if they made mistakes that led to an accident or injury. However, there are some situations where insurers may dispute claims, question whether medical treatment is needed, or attempt to pay less than what a person is owed.

The workers' compensation lawyer at Kisner Law can guide clients through the steps involved in filing claims. With his understanding of the laws that affect work-related injuries and the rules regarding workers' comp benefits, he can challenge unfair denials and make sure a person will be able to receive the full benefits they deserve, including medical benefits and wage benefits. He will take the time to understand how an injury has affected a person's daily life while focusing on securing compensation that will help them heal and move forward.

Benefits Available After a Work Injury

Medical Treatment

Workers' compensation will pay for all reasonable and necessary medical care related to a workplace injury. This can include doctor visits, hospital stays, surgery, prescriptions, physical therapy, and medical equipment such as braces or crutches.

Temporary Total Disability

If an injury keeps a person from working entirely while they recover, they may receive weekly payments that are equal to two-thirds of their average weekly wages prior to being injured. This can help a person avoid financial problems related to a lack of income while they are recovering.

Temporary Partial Disability

Some workers may be able to return to light duty after an injury, or they may need to reduce the hours they work while they are recovering. Temporary partial disability benefits can help make up part of the difference between what they earned before they were injured and what they are earning during their recovery.

Permanent Partial Disability

When an injury results in permanent impairments, such as reduced use of a hand or chronic back pain, a person may receive compensation based on the degree of impairment. A number of weeks of pay may be assigned to specific body parts, and compensation may be based on the percentage of loss of these body parts.

Permanent Total Disability

When a person will be unable to return to any form of gainful employment, they may qualify for long-term weekly benefits. These benefits will usually be paid for the rest of their life.

Vocational Rehabilitation

If a person cannot return to their previous job, vocational rehabilitation services may help them train for and find suitable work.

Death Benefits

When a work injury is fatal, a person's dependents may receive death benefits to address the loss of income. Workers' compensation may also cover some funeral expenses.

How Pre-Existing Conditions May Affect Workers' Comp Claims

A person may worry that an old injury or an existing health condition will prevent them from receiving workers' compensation benefits. An existing condition generally will not prevent a person from receiving benefits. If a job-related accident aggravates, accelerates, or worsens an existing condition, the resulting disability may be addressed by workers' compensation.

For example, a delivery driver with mild arthritis in their knee who falls from a loading dock may develop a condition that will require knee replacement surgery. Even though the arthritis existed before the accident, the fall may be the reason surgery became necessary.

In some cases, insurers may try to blame all of a worker's symptoms on a pre-existing condition. Medical records, testimony from doctors, and a clear comparison of a person's abilities before and after an accident can demonstrate what was related to a pre-existing condition and what was caused by the accident.

Third-Party Liability Claims

A person who qualifies for workers' compensation generally cannot sue their employer or co-workers for negligence. However, when another party was responsible for causing an accident or injury, it may be possible to pursue a third-party claim. Common examples of situations involving third-party claims include:

• Negligent Drivers: A worker hurt in a car accident while driving for their job may take legal action against the at-fault motorist.
• Equipment Manufacturers: A defective piece of equipment used at work, such as a forklift, ladder, saw, or safety harness, may support a product liability claim.
• Property Owners: A worker who was injured by a hazard on someone else's property, such as a contractor who was injured while working at a client's building, may have a premises liability claim.
• Other Contractors: On construction sites, a subcontractor working for a different company may be responsible for unsafe conditions.

A third-party claim may include compensation that workers' compensation does not provide, such as pain and suffering and the full amount of a person's lost wages. Our attorney can help injury victims understand the steps they can take to maximize the compensation they will be able to receive.

Contact Our New Carrollton, Maryland Workers' Compensation Lawyer

A work injury should not force a person to choose between their health and their paycheck. At Kisner Law, our lawyer can help ensure that workers' compensation claims will be filed correctly, address questions about pre-existing conditions, and determine whether third-party claims may be possible. Contact our New Carrollton, MD workers' comp attorney at 240-459-0097 to arrange a free consultation.