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When you’re injured on the job in Maryland, you have a right to expect medical care through the workers’ compensation system. Fortunately, unlike many states, Maryland workers enjoy broad rights when it comes to seeking and receiving such medical care. Here are answers to a few important questions: Can your employer force you to pick a preferred physician? Your employer may have you go to a medical clinic or doctor immediately after an accident. Those doctors may assess you but may not actively treat you without your consent. Once the initial medical treatment is rendered you still have a right to choose your own physician for any active or extended treatment. The Employer or an Insurance Adjuster may try to pressure you to stay with their selected medical provider. You may decline and seek medical treatment from a physician of your choosing who accepts Workers’ Compensation cases. Can any doctor treat you for a work-related injury? Workers’ comp claims are governed by the Medical Fee Guide and there are a lot of rules that must be followed when making a claim and submitting a bill for treatment. Some medical practices simply don’t want the hassle, and some don’t have the time. When you make an appointment to see a doctor, make sure that you ask whether they accept patients with work-related injuries. What if there are questions or conflicts about your care? You may be asked by the Employer’s Insurer to submit to an independent medical examination by a third-party physician. This is usually done when there are questions about a doctor’s evaluation or the severity of your condition and your ability to return to work. A refusal to submit to the independent exam will automatically put your benefits in danger. Workers’ compensation is supposed to be an easy process, but it doesn’t always work out that way. If you’re having trouble getting the benefits you need, learn more about your legal options. Contact an attorney whose practice concentrates in the area of Workers’ Compensation.

When a workplace accident happens that leaves you seriously injured, one of the first concerns you might have is how to make ends meet financially while you recover. Medical costs can add up quickly and the possibility of being unable to work even temporarily can exacerbate financial concerns. Workers’ compensation can provide the necessary financial resources you need during this time. But, the process to recover workers’ compensation can become complicated depending on the steps you take following an accident. If you are hurt on the job, here are four things you need to do right away: 1. Inform your employer This is one of the most important things you should do after your workplace accident. While Maryland laws provide a 10-day window to notify your employer of the accident, generally the sooner the better is advisable.  Notify your Supervisor immediately after an injury. Waiting too long may raise doubts about the circumstances that led to your accident since your employer may claim that you were injured off duty. In addition, you may forget crucial details about your accident, which can be critical to your claim. Seeking medical attention will likely take precedence in the event that you need emergency care, but informing your employer as soon as possible is important as quickly as you are able. 2. Document your accident If possible, collect as much evidence as you can about what happened. The information listed below is crucial in supporting your workers’ compensation claim: What you were doing when the accident happened Photos of your injuries The date and time of the incident Statements from colleagues who witnessed the accident Who from the Employer, did you notify and when? Providing vague or insufficient information, combined with little documentation, can delay your claim or even result in a denial. While appealing a denial is possible, it is much more efficient to provide the necessary information upfront and be as thorough as you can be. 3. Seek medical attention Seeking medical attention is also an important part of workplace accident claims. A doctor will formally document the nature of your injuries and their extent. They will also determine whether you can continue working in your condition, all of which is vital to your claim. Seeking immediate medical care might be obvious in a situation where the injuries are apparent or catastrophic, like falling on a construction site or a forklift injury at a manufacturing facility. However, sometimes the extent of your injuries might not be immediately apparent. If you were involved in a workplace accident, it is advisable to seek medical care to document your injury and your ability to return to work. Some conditions take hours or even a few  days to surface and a doctor’s opinion is necessary to causally relate your injury and ability to work to the work injury alleged, as well as the need for further treatment. 4. File a claim You also need to file a claim with the Maryland Workers Compensation Commission. The claim must be filed within 60 days or risk a dismissal unless there are compelling reasons which prevent you from doing so. The sooner a Claim is filed the sooner benefits can be claimed from the Workers’ Compensation Insurer. Getting the compensation you deserve It is always advisable to seek help rather than go it alone, especially if you are unsure of what you need to do. Any mistakes in your paperwork or missing any of these steps could harm your claim or cause unnecessary delays. It may be beneficial for the injured worker to seek legal advice from an attorney with experience in Workers’ Compensation.

Although workers’ compensation is available nationwide for those injured at work, each state has unique laws that govern the proper filing of claims. Many of these laws look similar from state to state, but there are important differences that employees and employers should understand. If this is your first time navigating the Maryland workers’ compensation system after suffering an injury at work, it serves your best interests to learn as much as possible. An ideal way to start is by deciphering the complex language contained in workers’ comp laws. “Out of” and “in the course of” employment The phrases above appear to say the same thing, but they are two separate terms critical to a successful claim. For an injury to arise “out of” employment, the injury must have occurred from exposure to the risks inherent to the position. For example, a warehouse job that requires continual heavy lifting naturally poses the risk of occupational back injuries. If a worker hurts their back while performing their job requirements, it is compensable because it arose out of their employment. The phrase “arising in the course of employment” has a somewhat different meaning. Rather than the job position requirements, this term focuses on when, where and how the injury occurred. So long as the injury occurred during a work shift, on a designated work site and is related to the job, it arose in the course of employment and is likely compensable. The importance of understanding these terms As you can see, workers’ compensation laws contain legalese that most injured workers might not immediately understand. Such language is necessary to define how the system functions per the law, but remember that legalese typically differs from region to region. We urge you to learn more about Maryland workers’ compensation laws to ensure your claim provides you with the benefits you deserve after a work injury. An experienced attorney can help you understand the terms important to your situation and what to expect.

Teen workers play a crucial role in all kinds of Maryland workplaces – particularly throughout the summer and holiday season. If your teen is one of these temporary workers, it is important for you and them to know that they have the same rights to a safe and healthy work environment as every other employee does. The fact that teens may only be working part-time or temporarily does not minimize any of those rights. However, many teens hesitate to speak up if they see a health or safety hazard. Maryland Occupational Safety and Health (MOSH) reminds teens that they cannot legally be terminated or penalized in any way for r eporting a health or safety problem. Teens are at a high risk to suffer workplace injuries Too often, employers don’t spend enough time training teen employees on safety protocols. This can be a recipe for disaster not just for young employees but for others in the workplace as well. Teen workers are among those most likely to suffer an injury, in part due to their lack of experience. Too often, however, teens don’t report injuries because they don’t consider them serious, fear losing their job or don’t realize that they have the right to seek workers’ compensation benefits. Steps employers should take to protect teen employees MOSH describes several steps employers of teen employees must take to ensure a safe workplace for all: Comply with state and federal labor laws regarding minors in the workplace. Ensure teen workers are both properly trained and supervised. This includes instructing their immediate supervisors of proper safety protocols to ensure they are sufficiently looked out for at all times. Develop a work injury and illness prevention plan that can help identify any issues in the workplace. Often, safety hazards can be proactively addressed through planning and considering things like workplace layout. Help younger workers understand the safety risks they may be exposed to in the workplace. Teenage workers may have little work experience and require proper training to understand safe work practices. Taking these four steps can help prevent injuries in the workplace for teenage workers. Parents should also help their teens understand the steps their employer should be taking and encourage them to speak up if more training is needed. Know the workplace laws for minors There are also certain things that employees under 18 cannot legally do in the workplace – like operating particular types of equipment or heavy machinery. There are also federal and state laws regarding work hours and prohibited occupations for those under 16. In most cases, teens under 18 in Maryland are required to have a work permit to get a job. The state’s workers’ comp laws carry serious penalties for employers who do not require this permit if a teen is injured or worse. If your teen has suffered a work-related injury or illness, don’t let them be told that they cannot obtain the compensation to which they’re entitled because of their age or because it’s “just” a temporary or part-time position. You may need to seek legal guidance to get the benefits they’re due under the law.

Unpredictability is one of the most dangerous things about falls. They can happen to anyone at any time, including in the workplace. Many times, you may be able to simply dust yourself off after a fall and get on with your day. Sadly, however, this is often not the case. Falls can be hard on your knees, and the resulting injuries can be serious. Outlined below are some of the more severe knee injuries associated with work-related falls. Damaged ligaments Torn ligaments are among the more serious and painful knee injuries that can result from a fall. The knee is comprised of four ligaments: the anterior cruciate ligament (ACL), the posterior cruciate ligament (PCL), the medial collateral ligament (MCL) and the lateral collateral ligament (LCL). Ligaments help the knee move forward and backward, as well as to rotate from side to side. Because each of these ligaments has a distinct function, damage to any of them can be painful and limit your mobility. Surgery and an extended period of recovery are often the only way to get better after ligament damage to avoid chronic pain issues. Dislocations During a fall, your knee may be manipulated and twisted into positions it is not designed to be in. This can result in a dislocation, which is very painful and can be difficult to treat. As a general rule, the sooner you seek medical treatment after this type of injury the better. Depending on whether or not there is nerve damage, you may require multiple surgeries before you can get back on your feet. If your knee has been injured in a fall at work, then you may be entitled to compensation for your pain and suffering. This won’t undo the damage, but it will help you to stay on top of your finances while you recover and are unable to work. Seeking legal guidance will offer you the best possible chance at obtaining a just outcome in your case.

Unpredictability is one of the most dangerous things about falls. They can happen to anyone at any time, including in the workplace. Many times, you may be able to simply dust yourself off after a fall and get on with your day. Sadly, however, this is often not the case. Falls can be hard on your knees, and the resulting injuries can be serious. Outlined below are some of the more severe knee injuries associated with work-related falls. Damaged ligaments Torn ligaments are among the more serious and painful knee injuries that can result from a fall. The knee is comprised of four ligaments: the anterior cruciate ligament (ACL), the posterior cruciate ligament (PCL), the medial collateral ligament (MCL) and the lateral collateral ligament (LCL). Ligaments help the knee move forward and backward, as well as to rotate from side to side. Because each of these ligaments has a distinct function, damage to any of them can be painful and limit your mobility. Surgery and an extended period of recovery are often the only way to get better after ligament damage to avoid chronic pain issues. Dislocations During a fall, your knee may be manipulated and twisted into positions it is not designed to be in. This can result in a dislocation, which is very painful and can be difficult to treat. As a general rule, the sooner you seek medical treatment after this type of injury the better. Depending on whether or not there is nerve damage, you may require multiple surgeries before you can get back on your feet. If your knee has been injured in a fall at work, then you may be entitled to compensation for your pain and suffering. This won’t undo the damage, but it will help you to stay on top of your finances while you recover and are unable to work. Seeking legal guidance will offer you the best possible chance at obtaining a just outcome in your case.

Burn injuries can be very serious. While most workers may associate burn injuries with those due to open flames, there are several other causes that can lead to serious injuries. Depending on the type of burn, the treatment and recovery period can look very different. Here is what workers should know about different types of burn injuries. Common causes of burn injuries Aside from burn injuries due to open flames, some of the most common causes of burn injuries include: Friction burns: Friction burns are often associated with motorcycle and bicycle accidents, where an abrasion and heat burn combine into a serious burn injury. You could also experience friction burns by having a rope slip through your hands, getting too close to a sanding tool or slipping on carpet. Frostbite: Frostbite, or cold burns, occur when skin freezes and breaks. Many people experience frostbite from freezing weather. You could experience frostbite if you have stayed in a walk-in freezer for too long or have to work outside for an extended period of time in the winter months. Electrical burns: Your skin could come in contact with electricity because of a loose wire or faulty plug. It can instantly kill off skin cells and leave your hands or limbs seriously injured. Other common causes of burn injuries include thermal burns due to high temperatures, radiation burns from x-rays and chemical burns due to strong acids or solvents. Different jobs produce different burns Every job is unique regarding the risks you face. A cook may be more vulnerable to open flame burns, but they may also suffer injuries from splattering hot oils. A railroad worker could be frostbitten while working in freezing weather, but they could also experience thermal burns from malfunctioning tools. You may be required to wear protective gear when a job has a high risk of burn accidents, but even the best equipment can fail on the job. If you have been injured on the job then you may be eligible for workers’ compensation – and experienced legal guidance can help you get what you deserve.

If you work with heavy pieces of machinery, such as a hydraulic press, you theoretically just need to push one button to start the machine. However, many manufacturers actually include two controls, which must be pressed simultaneously in order to activate the machine. This is not just done with hydraulic presses, but with many other types of heavy machinery. Why are these devices seemingly over-engineered by putting two controls that the operator must use at the same time? Preventing amputation injuries is the objective The main reason for the two-handed controls is that these prevent very serious injuries, including amputation or crush injuries. These were common when workers just had to push a single button because someone could absentmindedly leave their hand in the area where the machine would be working. For instance, a press could come down and crush the worker’s hand if it was sitting on the material’s surface. By forcing the workers to use both hands just to activate the machine, it guarantees that they can never do this accidentally. Workers may find this to be somewhat tedious. They may believe that it is overly complicated and makes it harder to do their job quickly – but it does work very well in preventing these significant injuries. Machines are designed specifically in a way that removes a lot of the risk. Risks are still present when working with heavy machinery Of course, nothing can ever remove all of the risks surrounding any industrial job. Any time that you work around heavy machinery, there is a chance that you could suffer serious injuries. If this does happen to you, make sure that you understand all of the legal options available to you to obtain the workers’ compensation benefits you and your family need while you recover.

The U.S. saw a spike in car accident fatalities in 2020 and 2021. According to the National Highway Traffic Safety Administration (NHTSA), 42,915 people are projected to have died in motor vehicle accidents across the country in 2021. This is a 10.5% increase from 2020’s fatalities. Notably, this is the highest number of fatalities the U.S. has seen since 2005. Where Maryland falls While Maryland was no exception to this in 2020, in 2021, the state saw a nearly 3% decline in car accident fatalities. According to the Maryland Department of Transportation (MDOT), the state saw 573 fatalities in 2020 and 557 fatalities in 2021. However, given that there were 535 fatalities in 2019, Maryland is still experiencing a significant increase from pre-pandemic levels. Fatalities include drivers, passengers, pedestrians and cyclists. What is causing the increase in fatalities? Speeding, reckless driving and impaired driving continue to be the biggest contributors to crashes in Maryland, as well as across the country. MDOT outlined in detail the top causes contributing to fatal crashes, based on results from a recent survey: Speeding and reckless driving: About 40% of drivers admitted to speeding on highways and/or residential streets. Disregarding pedestrian and cyclist safety: More than half of respondents remarked that they do not feel safe in crosswalks. Seat belt usage: 5% of respondents remarked that they do not always wear a seat belt. Distracted driving: This contributed to more than 30% of Maryland crashes, yet 40-60% of respondents admitted to several distractions. Impaired driving: This has contributed to more than 800 crashes in Maryland since 2016. 3% of respondents admitted to recently driving impaired. What’s happening in 2022? As of September 1, 2022, Maryland has reported 350 fatalities. While this data is preliminary, it does signal that fatalities may be decreasing across the state. In the meantime, drivers, pedestrians and cyclists alike should practice safe and defensive behaviors out on the roads to protect themselves and others.

Suffering an injury at work is a stressful experience. Not only are you dealing with the pain and physical toll of the injury, but you’ll learn to navigate a new normal where you might need potentially significant time off from work. One of the biggest concerns that injured workers face is wondering whether they will lose their jobs if they are out for a long period of time. They may be concerned that they will be pressured into returning to work before they are fully healed simply because their boss says they are needed. What should workers know about when to return to work? The decision is up to a doctor From the moment that you file a workers’ comp claim, a doctor will be the person who determines when you are ready to return to work. Even if your employer is pressuring you to return, you must be cleared from a treating physician, first. If you have been treated by an Employer-Directed medical provider you may be advised to return to work before you feel your injuries have sufficiently healed and believe you can perform your job duties safely without further aggravating the work injury. It may be advisable to contact your personal physician when injured and to have him/her treat you for your injuries rather than the Employer-Directed medical provider. Your doctor will be paid by the Workers’ Compensation Insurer. Your doctor will need to document your injuries and the causal relationship between your injuries & need for treatment from the work-related accident. The doctor will also need to document your ability to work. If the doctor, at some point, believes you could return to “light duty” work, then they need to be specific as to your physical restrictions upon a return to work, ”light duty”. If you do not have a personal physician an attorney may be able to assist you in finding a physician to treat your injuries. Returning to work before you are physically able can pose risks of re-injuring yourself or undoing the progress you’ve made toward your recovery. Keeping in occasional contact with your employer or direct supervisor can be a good idea throughout your recovery period. This can help them to stay up to date with your progress and understand a general timeframe of when to expect you back, once you have a clearer picture of what this looks like. Other things to consider While it is illegal for your boss to fire you because you filed a workers’ compensation claim, they are not required to hold your exact job open while you are out. If they determine that keeping your job open while you are recovering will create a hardship for the company, they can find another person to fill the position. If FMLA is applicable to you then your company must keep your position available for 12 weeks of your absence before terminating you. If your job is held open for you and you have been given clearance to go back to work by your doctor, have a chat with your employer before you return. Make sure that they understand any temporary or permanent medical restrictions you have been given and whether you can perform your job with these restrictions. If you are unable to return to your previous job due to permanent work restrictions then you may be entitled to Vocational Rehabilitation Services. Should you find that you are being pressured to return to work before you are healed, or permanent work restrictions prevent you from performing your job then consider discussing the matter with an attorney who understands workers’ compensation law in your State.

Workers’ compensation has long replaced the old system of filing lawsuits against employers after an accident at work. This provides a statutory solution and offers greater protection to injured employees. However, this does not mean that a lawsuit might be completely off the table following a workplace accident. If someone else was involved in your accident, it is possible to file a “third-party liability” claim against them to pursue damages. Third-party liability can extend to any individual or entity that is not your employer, such as a private individual, co-worker, the manufacturer of a defective product or even an independent contractor. Why should you pursue a third-party claim? While workers’ compensation benefits provide workers with the compensation they need while they recover, it does not cover all damages arising from an accident. For instance, if you experienced significant pain and suffering or emotional anguish from the injuries you sustained, workers’ compensation does not address this. Additionally, the amount of medical or lost wages benefits may be insufficient to meet you and your family’s needs. This is where a third-party claim might come in. It is possible to pursue the full amount of damages you are entitled to through a personal injury claim if the other party’s negligence caused the accident. Proving fault is an important part of third-party liability claims Negligence is a significant aspect of third-party claims. Unlike in workers’ compensation claims, the other party’s fault must first be established. They must have owed you a duty of care which they breached and caused your injuries for you to claim any damages. In Maryland, the Claimant must be free of any actions that may have contributed to the accident and resulting injuries. How much can you claim in a third liability claim? Your claim on non-economic damages will be subject to damage caps, as defined by Maryland law. Currently, the maximum amount allowed for pain and suffering is limited to slightly over $900,000. However, the law does not place a limit on the amount of recoverable economic and punitive damages. It is crucial to make yourself aware of the law and what to expect in your claim to ensure you receive the maximum compensation for your injuries. An attorney who understands both workers’ compensation and personal injury law can help you understand your next steps.

Nail guns are a common sight in workshops and construction sites across Maryland. When used appropriately, they can increase productivity and efficiency at work. However, it is important to remember that nail guns are a powerful piece of equipment. According to the CDC, nail guns result in 37,000 emergency room visits annually and 68% of these visits involve workers. It only takes one small error or malfunction for something to go horribly wrong. Outlined below are a few examples of how nail gun accidents can occur. Faulty equipment Any tool that has the potential to be dangerous must be routinely maintained. Older equipment is more likely to malfunction. Usually, nail guns have safety mechanisms in place, such as guards. If these are bypassed or missing, then it makes an accident and injury much more likely. Underestimating the power Nail guns can penetrate all sorts of tough materials, especially wood. If a piece of wood is not very thick, it’s possible that the nail could penetrate all the way through to the other side, catching the nail gun operator off guard and posing injury risks. Nails can also ricochet when using the tool on certain surfaces like metal. When this happens, the nail essentially becomes a missile that can penetrate flesh and cause serious damage to the eyes. Preventing nail gun injuries Employers have a legal duty to ensure that workers are as safe as possible. This includes taking preventative measures like maintaining tools, providing appropriate safety gear and facilitating adequate training. Proper training is especially important, both for new and experienced workers. This can help workers understand the tool’s different triggers, how to hold and load the nail gun, what to do when it malfunctions and more. If you have suffered an injury on the job, then you may want to consider your options regarding workers’ compensation. An experienced attorney can help you understand your next steps.