If You Are Injured at Work
Posted on behalf of Goldberg Finnegan, LLC on Apr 27, 2020 in Workers' Compensation
If you are injured at work in any of the three surrounding jurisdictions (District of Columbia, Maryland and Virginia), you are legally entitled to file a workers’ compensation claim for those injuries.
While there are some differences among the workers’ compensation laws of each jurisdiction, you are generally entitled to receive the following benefits:
1. Payment for the costs of all related medical care.
2. Direct payments to you for lost time from work if you are unable to work due to your injury. These benefits are typically paid at 2/3 of a person’s average weekly wage.
3. Vocational services if you cannot return to your former job.
4. Additional compensation for any permanent disability that is the result of your on the job injuries.
You can apply for these benefits here. However, you must have notified your employer (either verbally or in writing) promptly after your injury. You also will need to formally file a claim in the appropriate jurisdiction within a specified period. Each jurisdiction has its own rules.
After Your Claim is Filed and You Are Released from Care, You May Qualify for Permanent Disability Benefits
Many work injuries are temporary and result in a full, symptom free recovery. However, this is not always the case and many injured workers find that they still have pain or other symptoms, even after returning to work.
If you have been injured in a workplace accident and find that you still have pain or other symptoms, you may be entitled to additional compensation for permanent partial disability or permanent total disability benefits. This would be the case even if you have returned to full-time employment.
The Silver Spring workers’ compensation lawyers at Goldberg & Finnegan have helped thousands of clients with their workers’ compensation claims. You too may benefit from having one of our attorneys review your on the job injury claim.
Permanent Work Injuries
Following a release from medical care, if a person still has pain or symptoms, he or she may be entitled to additional compensation for some form of permanent disability.
Even if a person has been released back to work, but still has pain or other symptoms, he or she may be entitled to additional compensation for permanent partial disability.
If, on the other hand, he or she cannot return to pre-injury employment, then there may be a basis for a claim of permanent total disability. You do not need to be bed-ridden or unable to walk to be entitled to permanent total disability.
For example in Maryland, the workers’ compensation law presumes that a person is permanently totally disabled, if he or she suffers any of the following: loss of both eyes, both hands, both legs, or both feet or any combination of two or more impairments to an eye, an arm, a foot, or a leg.
Permanent partial disability is determined based on the percentage of loss assigned to the injury by a qualified physician. The number of weeks assigned for certain injuries varies in the different jurisdictions. A sample of total weeks of disability under the Maryland workers’ compensation law are listed below:
- Arm: 300 weeks
- Leg: 300 weeks
- Hand: 250 weeks
- Foot: 250 weeks
Let a Licensed Attorney Review Your Claim
Many injured workers become discouraged after they are denied workers’ compensation benefits by either their employer or their employer’s insurance company. It is important that you do not give up on your claim for your benefits without first talking with an experienced workers’ compensation attorney.
The attorneys at Goldberg Finnegan are happy to review your claim with you in a no cost initial evaluation. If we conclude you have a valid claim, we will be able to assist you in filing your claim and fighting for all benefits that you are legally entitled to receive.
There is no obligation to hire us for legal representation and your information is kept confidential. We charge zero upfront costs and we are only paid if we are successful in obtaining benefits in your claim.