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Workers Compensation – Frequently Asked Questions
Discuss Your Claim With a Maryland Worker’s Compensation Attorney
If you were injured as a result of a workplace accident and want to learn more about your rights, reach out to the dedicated Prince George’s County work injury lawyers at Foran & Foran, P.A. Our Maryland workers’ compensation lawyers have approximately 85 years of combined experience experience securing much-needed benefits on behalf of our clients, and we look forward to discussing how we can help you. To learn more, and to schedule a free consultation today, call us at 301-441-2022 or connect with us online by filling out our secure online form
Experienced Prince George’s County Workers Compensation Attorneys Answer Common Questions From Injured Workers
- Does It Matter What Type of Injury I Suffered?
- Does It Matter How Many Hours I Work per Week?
- Who Pays for These Benefits?
- Can Any Lawyer Handle the Claim?
- How Do You Determine the Value of My Claim?
- Can I Sue My Employer for My Injuries on the Job?
- How Long Do Cases Typically Take to Resolve?
- Should I Cooperate With the Insurance Company?
- Do I Have to See the Doctor for the Insurance Company?
- Should I Give a Recorded Statement?
- How Will My Entitlement to Social Security Disability Be Affected by Workers' Compensation?
- Should I Apply for Social Security Disability?
- What Should I Do if I Am Injured in a Work Related Accident?
1. Does It Matter What Type of Injury I Suffered?
No. Maryland’s worker's compensation law applies to all workplace injuries, provided they arose out of your employment and you were acting within the scope of your employment at the time of the injury.
2. Does It Matter How Many Hours I Work per Week?
Workers' compensation coverage is limited to employees. Independent contractors will not be provided benefits under the workers' compensation laws. All workers will have an average weekly wage that will be determined by the amount earned over the past 13 weeks of the employee. Part-time employees will have a lower average weekly wage than full-time employees.
3. Who Pays for These Benefits?
Maryland’s workers’ compensation system is insurance-based. Thus, most employers in the state either need to purchase workers’ comp insurance or go through the steps to become self-insured.
4. Can Any Lawyer Handle the Claim?
Anyone licensed to practice law is certainly allowed to represent you on your claim. You should have a workers' compensation lawyer handle your claim. Our attorneys are familiar with the medical aspects of most cases and are also familiar with the practices and procedures of the Maryland Workers Compensation Commission and the District of Columbia Office of Workers Compensation.
5. How Do You Determine the Value of My Claim?
The value of a workers’ compensation claim depends on the severity of your injuries, the amount of treatment you need, the duration of treatment, and the amount of money you were making prior to your accident.
6. Can I Sue My Employer for My Injuries on the Job?
In most cases, the answer is no. Most employers must provide workers' compensation insurance coverage that will cover injured workers for injuries on the job. Most employers are protected from civil exposure because they provide workers compensation coverage.
7. How Long Do Cases Typically Take to Resolve?
Once you have completed treatment, we will try to resolve your case with the insurance company. The length of your treatment will depend upon the severity of your injury, your age and physical condition and how you respond to treatment. Your case cannot be resolved until after your treatment has concluded. If we need to go to the Maryland Workers Compensation Commission or the District of Columbia Office of Workers Compensation and have a hearing, it usually takes 2- 3 months to get a hearing, depending upon the circumstances.
8. Should I Cooperate With the Insurance Company?
As with most personal injury cases, you should cooperate with the insurance company only through the services of an experienced workers' compensation attorney. You should not sign any of the insurance company forms or give a recorded statement without the advice of a worker's compensation attorney. All correspondence with the insurance company should be made through your workers' compensation lawyer.
9. Do I Have to See the Doctor for the Insurance Company?
Usually, the Employer/Insurer is entitled to investigate the injuries claimed and is also entitled to an independent medical evaluation.
10. Should I Give a Recorded Statement?
Generally No. By giving a recorded statement, you are only creating another avenue for the attorney for the insurance company to impeach your testimony. Anything you say in the recorded statement will be used against you in a future proceeding. Any recorded statement should only be provided under the supervision of your own workers' compensation attorney.
11. How Will My Entitlement to Social Security Disability Be Affected by Workers' Compensation?
If you are receiving Social Security disability as a result of your injuries and other conditions, any award for disability from the Workers Compensation Commission will likely reduce your entitlement to Social Security.
12. Should I Apply for Social Security Disability?
You should apply for social security disability once you have been advised that you will likely be out of work for at least one year. Your work history has earned credits with the Social Security Administration, and you must have a minimum number of credits to be eligible for Social Security disability benefits. The longer you wait to apply for workers' compensation benefits, the more risk you are running that you may fall short on credits.
13. What Should I Do if I Am Injured in a Work Related Accident?
- After the accident, immediately notify your supervisor of the facts of the accident and your injury. Your claim may be barred if you do not give proper notice to your employer.
- Gather as much information as possible and bring it to our office, including photos of the scene, witness information, and all medical providers' names and addresses.
- If injured, immediately go to the emergency room or to your private physician for proper medical treatment. Do not prolong treatment just for purposes of a legal case. Once you are feeling better or your physician recommends discharge, please call us so that we can obtain the final reports from your doctor. Make sure that each medical provider realizes that your bill will be paid by the workers' compensation insurance carrier for your employer.
- Our workers' compensation lawyers will need to know the full extent of your compensation, including all benefits and tips. Your employer will present an average weekly wage figure to the Workers Compensation Commission based on your earnings. We will need to verify that this figure is correct.
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Practice Areas
- Auto Accidents
- Truck Accidents
- Motorcycle Accidents
- Vehicular Accidents
- Medical Malpractice
- Wrongful Death
- Workers' Compensation
- Workers Compensation Claims
- Basic Workers Compensation Scheme
- Know Your Rights
- Attorney Fees
- Permanent Disability Claims
- Reopening
- Third Party Practice
- Practice & Procedure Tips for Attorneys
- Arising Out of and In the Course of Employment
- Occupational Diseases
- Medical Benefits
- Disability Benefits
- Deaths
- Subsequent Injury Fund
- Statute of Limitations
- Hearings, Awards and Stipulations
- Third Party Cases
- Workers Compensation – Frequently Asked Questions
- Claim Requirements and Procedures
- Notice to Employer
- Settlements
- How To Handle Your Maryland Workers Compensation Case
- How To Handle Your Washington DC Workers Compensation Case
- Temporary Total Disability
- Permanent Partial Disability
- History of the Key Bridge
- The Francis Scott Key Bridge In Baltimore Collapsed
- Cherry Picker and Bucket Truck Injuries
- Backhoe Accidents
- Farm Accident Injuries
- Factory Accidents
- Bulldozer Accidents
- Forklift Injuries
- Front End Loader Accidents
- Tractor Rollover Accidents
- Warehouse Worker Injuries
- Amazon Worker Injuries
- Window Washing Accidents
- Dealing With Insurance Companies
- Aggravation of Pre-existing Conditions
- Teacher Injuries
- Carpal Tunnel Syndrome
- Complex Regional Pain Syndrome
- Degenerative Bone and Joint Diseases
- Denied Workers’ Compensation Claims
- Disability
- Permanent Partial Disability and Benefits
- Permanent Total Disability and Benefits
- Temporary Total Disability and Benefits
- Loss of Use of Body Parts
- Epicondylitis
- Impairment Rating Evaluations
- Industrial Disease
- Cubital Tunnel Syndrome
- Loss of Vision
- Nerve Damage
- Loss of Hearing
- Utilization Review
- Scarring and Permanent Disfigurement and Benefits
- Permanent Loss of Function
- OSHA Workplace Investigation
- Occupational Safety and Health Administration
- Medical Bills and Benefits
- Lump Sum Settlements
- Lost Wages
- Frederick Workers Compensation Lawyers
- Premises Liability
- Injuries and Damages
Client Reviews
John Foran is very knowledgeable, thorough, and kind. He takes time to explain legal terms and the process of your case. I'm happy that I found him.
Ryan Foran is an excellent attorney, responds to his emails and communicates to the point. Mary is also an excellent paralegal secretary. Thanks Foran and Foran.
Five star review. Great team to work with. Highly recommend
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