Maryland: 301-854-9000/410-995-1515 | Northern Virginia: 703-916-1227 | Richmond, Virginia: 804-643-3783 | Washington, D.C.: 202-554-1449

Maryland Workers' Compensation Lawyers / Virginia Workers' Compensation Attorneys

The Maryland workers' compensation attorneys and Virginia on the job injury lawyers at Portner & Shure have nearly seventy collective years experience dealing with insurance companies, employers, and the government with respect to obtaining injury benefits. When an injury is sustained on the job and in the course of employment you are entitled to workers' compensation benefits. The staff at Portner & Shure understands the financial, physical, and emotional hardships that you and your family may suffer as a result of an on the job injury. We will work closely with you to ensure that you receive the best possible outcome and maximum recovery of benefits. We will also pay close attention to the temporary compensation that you will require so you can pay your bills and focus on getting better. You deserve a workers compensation attorney that can provide you with immediate help and who will work with you throughout this lengthy process.

Over the last twenty years our workers' compensation clients have addressed numerous questions to Portner & Shure attorneys at the initial meetings. Since some of these questions have been repeated by different workers' compensation clients, on countless occasions, we have referenced them in Section VI below.  To view additional questions and answers "click here".

I.  INTRODUCTION TO WORKERS' COMPENSATION LAW:  Maryland was the first state in the country to institute a workers' compensation law in 1902.  It was subsequently struck down as unconsitutional because it did not allow workers a right to a jury trial.  In 1914, a new Workmen's Compensation Act was introduced by the legislature.  Amazingly, we are still using the same framework for Maryland workers today.  The Workers' Compensation Act as designed, compensated employees for accidential injuries.

II.  BASIC FEATURES OF MARYLAND AND VIRGINIA WORKERS' COMPENSATION:   Workers' compensation is a "no-fault system" of legislation. Hence, employees cannot sue their employers for negligence.  In return for giving up that right, employees are compensated for work injuries, regardless of fault.  In general Maryland and Virginia's workers' compensation law provides compensation consisting of disability compensation and medical care for individuals injured in the course of job connected injuries.  While fault is generally not relevant there are a number of cases that address issues such as horseplay, intoxication and willful disobedience to the instructions of the employer.

Workers' Compensation is insurance that provides compensation for employees who are injured on the job.  In Virginia and Maryland employers are required to provide workers' compensation insurance.  All injuries however, are not covered, and the injury must have occurred while working.

III.  COMPENSABLE REQUIREMENTS:  To be covered under an employers policy, a person must be an "employee" on the company payroll.  Contractors and sub-contractors are often not covered under an employers policy and are therefore required to secure their own coverage.  Independent contractors are not considered employees.  A large body of Maryland and Virginia comp cases address the distinction between an employee and an independent contractor.  Due to the saving on benefits many employers attempt to call their workers' independent contractors.  The law however permits the attorney of an injured worker to challenge whether the status of the injured person was that of employee, rather than independent contractor.  Interestingly, an employers written contract calling the employee an independent contractor, or the employers failure to deduct taxes from the injured persons paycheck, are not determinative.

Workers' must have sustained "an accidental personal injury" (for occupational disease) "arising out of and in the course or scope of employment".   In the course of is actually a term that involves the consideration of the time, place and circumstances of the action in relation to the employment.  Hundreds of Maryland and Virginia Court decisions discuss whether an injury occurred within the course of employment.  They include such issues as going to and from work, walking on the company parking lot, lunch breaks, trips between locations and company sponsored retreats or events.

Marylands "accidental injury" requirement was overturned by the Court of Appeals in 2003.  As a result, an accident is not required and recovery is awarded for almost any claim for an injury which is casually related to work activity.

Temporary Total Disability:

If an employee is placed off work by his treating doctor, the employee is entitled to two-thirds of his average weekly wage, non-taxed, for the disability period.  The rate of pay is determined by securing the gross wages for thirteen weeks before the accident and averaging them (including overtime paid during this period).  Insurance carriers seeking to terminate a workers' temporary total disability compensation of often seek what is called an independent medical examination by a doctor of its own chosing.  The term independent is a joke.  The more accurrate term is defense medical examination.

Health Care:

In Maryland an employee is allowed to treat with the physician of their choice, if the claim is deemed compensable.  However, the employer is allowed to send the injured employee for an IME (independent medical evaluation) to assure that the treatment is warranted, appropriate, and necessary.  In the event a treating physician and IME physician are in disagreement regarding certain issues, the discrepancies are decided at a hearing before the Workers' Compensation Commission.

Temporary Partial Disability:

If an employee can return to work, but not full-time, or needed to take another position for less money, the employee is entitled to temporary partial disability (payments which pay a percentage of the difference between the employers salary at the time of the injury and the current pay rate).

Vocational Rehabilitation:

If an injured employee cannot return to regular employment due to the injury, he or she is entitled to be vocationally rehabilitated for a comparable position.  This benefit is paid for by the insurer/employer and includes services from job search through re-training and re-education.  While receiving vocational rehabilitation the employee is entitled to receive temporary total benefits.

Permanent Partial Disability:

When an employee reaches maximum medical improvement and the physician deems there is no additional treatment that will improve his condition, the employee maybe entitled to permanent partial disability.  Permanent partial disability is a benefit payable to the employee to compensate him for the permanent damage resulting from the injury and to compensate him for the fact that he will never exactly be the same as prior to the injury.  The benefit is determined by the part of the body injured and the nature and extent of the disability.

These damages should not be confused with general damages for pain and suffering awarded in civil damage claims.  There is a great deal of variance between Maryland and Virginia workmans comp laws as to the type of injuries which qualify for permanent disability compensation, as well as the amount of money allowed for certain injuries.

Permanent Total Disability

Some injuries are so serious that a worker is permanently, totally disabled. Absent conclusive proof to the contrary, in Maryland the loss or loss of use of any of the following constitutes a permanent total disability: both arms, both eyes, both feet, both hands, both legs; or a combination of any two of the following: an arm, eye, foot, hand or leg.

If a covered employee has an accidental injury or an occupational disease that results is a permanent total disability, the employer or its insurer shall pay to the covered employee compensation that equals to two-thirds of the average weekly wage of the covered employee, subject to a maximum payment equal to the Maryland average weekly wage. No payment for permanent disability shall be less than $25.00.

Benefits paid for permanent total disability are subject to an annual cost of living adjustment not to exceed 5% as determined by the Department of Labor, Licensing and Regulation. These benefits are reduced in the case of workers who are also entitled to Federal Social Security Disability Benefits to the extent necessary to avoid a diminution of the Federal benefits

Death Benefits:

If an employee dies as a result of his work-related injury/illness and has dependents, who were in some manner dependent on the deceased for financial care, they may apply for monetary benefits.  Benefits are determined by the relationship of the deceased and the level of financial dependence.

Caps do exist on the amount of life-time benefits that may be received.  In addition, the employer is responsible for funeral expenses up to $5,000.00.  This type of compensation is an effort to replace the last stream of income to the decedent's surviving dependents.  There is a great variability between Maryland and Virginia as to who can qualify as a survivor entitled to be compensated for the death of the worker and how much the survivors are entitled to receive.  The focus is not upon grief, mental pain, and suffering or loss of society and companionship.  Instead, the focus is upon the loss of income being produced by the deceased worker for the surviving beneficiaries.

The Workers' Compensation Commission follows State Statutory rules and regulations. Our Maryland workers' compensation lawyers and Virginia workers' compensation attorneys know how to make those rules work in your favor. In fact, the system was designed to favor the injured worker. This fact should be at the heart of every argument. Insurance companies actually have attorneys looking out for their best interest, you should have an attorney looking out for yours. Our experienced attorneys and staff are available to assist you in your work injury claim.

Disfigurement / Mutilation:

States' workers comp law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.

V.  OCCUPATIONAL DISEASE:  The common element in most occupational disease statutues is a disease or condition which is characteristic of the trade of the worker, and is proven by medical evidence causally related to trade.  Diseases therefore that might be contracted in everyday life are not compensable.

VI.  THIRD PARTY ACTIONS:  As explained above, the worker in exchange for the no fault workman's compensation claim, under Maryland and Virginia law gives up his or her right to sue the employer for negligence and damages for any injury covered by the Statute.  This is called the "Statutory Immunity" of the employers.  However, the injured worker does have the right to sue a person or company other than the employer for negligence.  This is called a third-party suit.  Disputes arise as to who constitutes a third-party suit must be repaid to the employer or its insurance carrier.

VII.  ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS IN MARYLAND AND VIRGINIA:  Claims are handled by the Administrative Agency and are adjudicated before commissioners.  Rules of evidence are released at workers' compensation hearings.  However, the Commissioner makes rulings on objections and procedural issues raised by lawyers, similar to a Judge in a civil proceeding.

A. All injuries must be reported to the employer, who is required to then notify the workers' compensation carrier of the accident or illness. 

B. In Maryland, to obtain certain benefits the claim should be filed with the Maryland State Workers' Compensation Commission within two years of the accident date. 

C. Issues that are disputed are decided by the Workers' Compensation Commission at a hearing.  The employee or employer can file issues requesting a hearing to resolve the matter in question.  Issues that are often decided by the commission include: (1) determining if the claim is compensable; (2) seeking medical bill payments or medical care; (3) obtaining lost wages; (4) vocational rehabilitation; and (5) the nature and extent of permanent disability.

D. The employer is responsible for all medical treatment bills, including therapy, diagnostic tests and surgery.  The injured employee is entitled to be reimbursed for mileage to and from the doctor as well as parking and tolls.

E. There are time restraints placed on the insurance carrier when the Workers’ Compensation Commission orders payment unto a claimant. Whether it is an Order to payment temporary total benefits (TTD), provide medical treatment, or an award to pay permanent partial disability (PPD). The insurance carrier is allowed 15 days from the date of the Award/Order in which to process any payments or benefits. However, if the insurance carrier fails to make timely payment to the injured worker there are consequences and remedies that can be sought.

In the event that the insurance carrier does not comply with the Order within the designated time period, the injured worker or his/her representative can file for penalties and attorneys’ fees’. If payment is not made within 15 days, the Commission has the power to assess a fine of up to 20% of the amount of the award. If payment is not made in 30 days, the Commission has the power to fine the insurance carrier up to 40%. Penalties assessed by the Workers’ Compensation Commission are paid unto the injured worker unless otherwise noted.

IX.  FREQUENTLY ASKED QUESTIONS FOR WORKERS' COMPENSATION:

A.   Initial questions regarding the claim and its filing

1.  Do I need to have an attorney in order to file a claim for workers' compensation?

2.  How long of a time period do I have to give my employer notice of an injury?

3.  How long do I have to file a claim for Workers' Compensation?

4.  Who is responsible for making sure that my claim is filed with the Maryland Workers' Compensation Commission?

5.  If a claim is set up under my employers insurance carrier, doesn't that mean that a claim was filed with the Workers' Compensaton Commission?

6.  What are the employer's duties?

7.  Do I need to hire an attorney who is familiar with the workers' compensation Judges in my area of Maryland or Virginia?

Yes, most of the top workers' compensation attorneys in Maryland and Virginia travel to the different workers' compensation hearing places.  If your lawyer does not know the tendencies of the administrative law Judge on who is hearing your case the defense is at a distinct advantage.  Defense attorneys who practice workers' compensation in Maryland and Virginia are generally before the commission frequently, and therefore, are very familiar with the tendencies of every commissioner.  For your information below find a guide as to where you can expect your hearing to be.  Make sure your workers' compensation attorney is familiar with the Judges at your location.

• If you live in Howard County (Columiba, Ellicott City, Clarksville, Laurel, Glenelg, Jessup, and Sykesville) and have a workers' compensation claim, your hearing will be held most likely at the hearing place listed below:

B.  Questions regarding the payment of benefits

1.  Are all employers required to carry Workers' Compensation Insurance?

2.  If I file a claim for Workers' Compensation, does that mean that I am suing my employer?

3.  Are there any exceptions to the rule that injured employees are entitled to workers' compensation?

4.  If I was working at the time of my car accident in Maryland, should I have my bills paid by Workers' Compensaton or PIP?

5.  What are the Maryland Workers' Compensation Rates?

6.  How is your firm paid for handling workers' compensation cases?

C.  General questions about workmans compensation law in Maryland and Virginia

1.  What can't an employer be sued in the State of Maryland for negligence when an "on the job" injury occurs?

2.  What is the Workers' Compensation Commission?

D.  Questions concerning what is covered under Maryland and Virginia workmans compensation law

1.  I am employed as a driver.  If I am driving for work and am injured by a negligent driver can I receive workers' compensation?

2.  What is the difference between an employee and an independent contractor?

3.  Are chemical burns a compensable injury under Maryland workers' compensation rules?

E.  Questions concerning certain common Maryland and Virginia workers' compensation terms

1.  What is an I.M.E.?

2.  What is Functional Capacity Evaluation (FCE)?

Speaking Spanish and no English does not affect you from pursuing a workers' compensation claim in Maryland or Virginia if you retain Portner & Shure as your injury attorneys.  On staff we have a Spanish speaking Paralegal who understands workers' compensation law.  She will work with you and the attorney.  She will ensure that all proper documentation gets filed.  Further, the pain and suffering you experience will be conveyed to her in Spanish and then written up for the workers' compensation lawyer.  Lastly, our Spanish speaking workers' compensaton Paralegal will make sure that an interpreter will be present for you at the workers' compensation hearing.

A.  Workers' Compensation Permanency Awards to the Shoulder

Montgomery County Employee Falls off a Lawnmower

Gaithersburg, Maryland Man Injures his Shoulder at Work Requiring Rotator Cuff Surgery

Germantown, Maryland Man Injures his Shoulder in Fall at Work

Shennadoah Pride Worker Injures his Shoulder When He Falls Off Work Truck

Man Injured at Work When he Fell Off a Truck in Montgomery County, Maryland

B.  Workers' Compensation Permanency Awards to the Back

Iron Worker Injured his Back While Lifting a Heavy Beam Requiring Surgery

Howard County, Maryland Man was Painting and Injured His Back

Anne Arundel County, Maryland Man was Injured While Lifting Bags of Concrete

Anne Arundel County Man Hurt While Inside a Box Truck

Baltimore County, Maryland Man Falls Off Ladder at Work

Frederick County, Maryland Woman Slipped on an Icy Parking Lot

C.  Workers' Compensation Permanency Awards to the Hand / Arm

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County

Library for Workers' Compensation:

• Maryland Workers' Compensation: What State Has Jurisdiction When Professional Athletes Are Injured?   
  Professional athletes such as those in the NFL, NBA and MLB are entitled to workers' compensation benefits just like any other employee. In these claims jurisdiction can be an issue.
• Maryland Workers' Compensation: Permanent Partial Disability   
  In Maryland, permanent partial disability is a benefit payable to the employee to compensate him for the permanent damage resulting from a work related injury.
• Maryland Workers' Compensation: Vocational Rehabilitation Benefits   
  If an injured employee cannot return to regular employment due to the injury, he or she is entitled to be vocationally rehabilitated for a comparable position.
• Maryland Workers' Compensation: Temporary Partial Disability Benefits   
  If an employee can return to work, but not full-time, or needed to take another position for less money, the employee is entitled to temporary partial disability under Maryland Workers' Compensation law.
• Maryland Workers’ Compensation: Temporary Total Disability Benefits   
  Our Maryland Workers' Compensation law firm has experienced attorneys and staff who help protect the rights of individuals who are injured at work.
• Maryland Workers' Compensation: Idependent Medical Examinations   
  In many Maryland Workers' Compensation cases the employer and the claimant will need to get an IME or Independent Medical Examination to help determine a permanency rating.

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Frequent Questions for Workers' Compensation:

• If I was working at the time of my automobile accident, should I have my bills paid by workers’ compensation or PIP?
• If I was working at the time of my car accident in Maryland, should I have my bills paid by workers’ compensation or PIP?
• What is an I.M.E.?
• Frequently asked questions regarding your Workers' Compensation Claim
• What is a Functional Capacity Evaluation (FCE)?
• Are chemical burns a compensable injury under Maryland workers compensation rules?
• What are the Maryland Workers' Compensation Rates?
• What are the employer's duties?
• Are there any exceptions to the rule that injured employees are entiltled to Workers' Compensation?
• How is your firm paid for handling Workers' Compensation Cases?
• I am employed as a driver. If I am driving for work and am injured by a negligent driver can I receive Workers' Compensation?
• What is the difference between an employee and an independent contractor?
• Why can't an employer be sued in the State of Maryland for negligence when an on the job injury occurs?
• How long of a time period do I have to give my employer notice of an injury?
• Do I need to have an attorney in order to file a claim for workers' compensation?
• What is the Workers' Compensation Commission?
• Who is responsible for making sure that my claim is filed with the Workers' Compensation Commission?
• If a claim is set up my employers' insurance carrier, doesn't that mean that a claim was filed with the Workers' Compensation Commission?
• How long do I have to file claim for Workers' Compensation?
• If I file a claim for Workers' Compensation, does that mean that I am suing my employer?

Web Resources for Workers' Compensation:

• IWIF - Injured Worker's Insurance Fund

  Description:

  IWIF provides workers' compensation insurance coverage and services to Maryland employers

• Kids' Chance of Maryland, Inc.

  Description:

  Provides educational scholarships to children of Maryland's seriously injured workers.
  

• Maryland Insurance Administration (MIA)

  Description:

  Regulates the insurance industry in Maryland and protects consumers by ensuring that insurance companies and health plans act in accordance with the law.
  

• Maryland Subsequent Injury Fund (SIF)

  Description:

  Reviews and investigates workers' compensation claims involving pre-existing health conditions that substantially increase the disability of injured workers.
  

• Maryland Uninsured Employers' Fund (UEF)

  Description:

  The UEF promptly pays awards ordered by the Workers' Compensation Commission in favor of injured workers against non-insured employers who default in payments. It also maintains an adequate fund balance from which to pay claims through the collection of applicable fines, assessments and benefit recoveries.
  

• Maryland Worker's Compensation Law

  Description:

  Provides a brief, general description of the Maryland Workers' Compensation Law and benefits. This is not a comprehensive review of the law nor is it intended as a resplacement for legal guidance.

• Virginia Workers' Compensation Commission

  Description:

  Responsible for administering Virginia Workers' Compensation program, which applies to most employers doing business in Virginia and most employees working in Virginia.

• Worker's Compensation Commission

  Description:

  Comprehensive site which details available benefits, who files the claim and the general aspects of the claim process.

• Worker's Compensation FAQs

  Description:

  Answers to commonly asked questions about the Workers' Compensation Commission and its process.

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