Workers Compensation - Frequently Asked Questions

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.

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.

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.

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.

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.

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.

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.

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.

Usually, the Employer/Insurer is entitled to investigate the injuries claimed and is also entitled to an independent medical evaluation.

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.

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.

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.

1. 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.
2. 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.
3. 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.
4. 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.