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Workers’ Compensation Lawyers Frederick, MD
Workers’ Compensation insurance provides essential benefits for individuals who sustain injuries at work and cannot perform their jobs. It can also offer significant protection for employers by eliminating their employees’ right to sue them for negligence. If you have been injured at work, you may wish to contact our workers compensation lawyers Frederick MD. Still, there are many circumstances in which this insurance does not apply.
Many workers who have been injured from work related accidents and illnesses need workers compensation benefits to pay for their injuries- and the help of Frederick, MD workers compensation lawyers to attain this.
Workers compensation is a form of insurance that provides medical benefits to employees who have been injured or become ill at work or because of workplace conditions. This is often offered to employees in exchange for the relinquishment of the employee’s right to sue their employer via a personal injury claim based on the employer’s negligence.
While workers compensation insurance plans differ from state to state in general, they make provisions for:
- Weekly payments in place of wages
- Compensation for past and future economic loss
- Reimbursement or payment of medical and like expenses
- Benefits payable to the dependents of workers killed during employment
In general, damages for pain and suffering, and punitive damages for employer negligence are not awarded through workers compensation plans even though compensation for these things are often things that an injured worker and/or their family are entitled to. This is one of the many reasons that it is recommended that Frederick injured workers and their families seek advice from MD workers compensation lawyers before they decided whether or not to accept their employer’s workers compensation insurance.
A Brief History of Workers Compensation in the United States
The first forms of workers compensation in the United States were when Georgia and Alabama passed Employer Liability Acts in 1855. Between 1855 and 1907, 26 other states passed similar acts.
Workers compensation was established to protect both employees and employers. Prior to establishing mandatory workers compensation laws, unless an employee had the resources to sue an employer, and the time to wait the oftentimes years before their case went to trial, they had no repurcussions to seek compensation for an injury or illness that was (in part or whole) because of an employer’s negligence. These laws are also designed to protect employers from becoming bankrupt because of a lawsuit from an injured employee.
Unfortunately, just because we have mandatory workers compensation laws, they do not always fully compensate workers for expenses related to their injury or illness. A good way to find out if a worker’s rights are being upheld by a workers compensation offer is to ask Frederick MD workers compensation lawyers to review the worker’s claim.
In 1902, Maryland was the first state to establish a statewide workers compensation law. The first law covering federal employees was passed in 1906. Every U.S. state had enacted a workers compensation program by 1949.
Workers Compensation Insurance Companies
The companies that carry workers compensation insurance are big and powerful entities with a wealth of resources at their bay. They often use these resources to enable their company to pay out as little as they can, no matter how much a workplace accident victim and their family need the maximum amount that they are entitled to.
For Frederick, MD workers compensation lawyers that are experienced in successfully defending the rights of workplace accident victims, contact Cohen & Cohen for a free case evaluation, any time of the day or night, any day of the year.
What Does Workers’ Compensation Cover?
Work-related injuries can lead to significant financial burdens for employees, resulting from:
- Medical bills
- Lost wages
- Rehabilitation costs
- Funeral expenses
- Ongoing disability expenses
Workers’ compensation may also pay for employees to learn a new vocation when they can not resume their pre-injury roles. Workers compensation lawyers Frederick MD can help get you maximum compensation possible.
Although in most states, businesses must provide workers’ compensation coverage for full-time employees, it is essential to understand that many states do not require coverage for the following:
- Real estate agents
- Federal workers
- Business owners
- Insurance agents
- Temporary and Part-time workers
- Businesses without a minimum number of full-time workers
What Is Not Covered By Workers’ Compensation?
Employees and employers should know which injuries qualify for workers’ compensation claims. Various rules determine the types of damages that fall under an individual’s employment course and scope.
Coming and Going
Injuries that occur while traveling to and from work do not qualify for workers’ compensation unless employees drive company vehicles; however, there are some exceptions. Benefits will apply if employees commute to and from company-related job sites, including manufacturing plants, sales territories and conferences. An employee may also qualify for compensation for injuries when leaving a work-site to run a work-related errand, but not for going out to have lunch.
Reckless Behavior
Employees who engage in non-work-related horseplay activities that cause their injuries are not entitled to workers’ compensation. For example, an employee who breaks a leg sliding down a workplace banister or suffers a broken nose during a physical fight with another employee will not receive benefits because the injury is not due to a work-related task; it is the employee’s fault entirely.
Intoxication
An injury, such as falling down a flight of stairs while intoxicated, does not constitute a valid workers’ compensation when it does not involve extenuating factors. Intoxicated employees will only qualify for coverage when they sustain injuries due to circumstances that would otherwise be out of their control, such as when a falling beam causes a concussion.
Social and Team-Building Activities
Employees who sustain injuries while voluntarily attending company-sponsored events, including parties and other social activities, may not receive compensation benefits unless their presence is a job requirement.
If you cannot pay your bills because a job-related injury prevents you from working, speak with workers compensation lawyers Frederick MD for guidance about your rights.
The attorneys at Cohen & Cohen have settled thousands of cases in the last thirty years, in areas ranging from medical malpractice, to product defect lawsuits, and workers compensation. Contact our workers compensation lawyers Frederick MD at (202) 955-4529 for a free case evaluation today.
A Brief Guide to Workers’ Compensation
If you are new to a job that provides workers’ compensation, you likely have questions regarding what it is and how it works. The following guide is designed to help you understand this unique form of financial protection.
Workers’ Compensation Definition
Workers’ comp is a form of insurance that safeguards both employees and their employers in the event of an injury or sickness caused by job-related activities. For workers, it provides an economic cushion in case of disaster. For the business, it protects from a financial loss so severe that the operation could be forced to shut down due to an on-the-job incident.
Workers’ Compensation Protections
It is vital that everyone understands what workman’s compensation covers. In the event of physical harm, workman’s comp pays for lost wages and related medical expenses. This includes both immediate attention as well as long-term care. If an employee dies, the family is handed funds to cover funeral expenses. Claims can be difficult, so you may consider talking to a workers compensation lawyer Frederick MD.
Certain damages are often not included. For example, injuries sustained in a physical altercation initiated by the claimant are typically rejected. Other scenarios under which restitution is usually unavailable include harm caused by workspace intoxication or intentionally hurting oneself. Emotional trauma without a physical component is never recognized. State laws determine the specifics regarding what gets covered. Contact a workers compensation lawyer Frederick MD if you have further questions.
Workers’ Compensation Payments
With the exception of New Jersey and Texas, workers’ compensation is compulsory for businesses that do not provide other benefits. How much companies pay to insure their workforce depends on multiple factors, including the company’s size and nature of business. When it is available, employees do not pay to be covered.
Workers’ Compensation Claims
If you get hurt on the job, report the incident to your supervisor immediately. For those who suffer a job-related illness that emerges over time, supervisors should be informed of the condition as soon as a diagnosis is made.
Data that needs to be reported to the insurance company includes basic information about the worker and business, along with the nature of the incident. Claims should be made as quickly as possible. In some states, there is a limited window of time under which they can be filed.
When legitimate claims are rejected or an employer fails to perform its due diligence, the responsible party should be compelled to make the situation right. If you are covered by workers’ compensation and get hurt on the job, yet never receive payment, suing might be the appropriate action. Contact an experienced workers’ compensation lawyer Frederick MD to review your situation and execute effective litigation.
The attorneys at Cohen & Cohen have handled thousands of cases since 1993. Contact a workers compensation lawyer Frederick MD immediately for a free case evaluation. Call us today at (202) 955-4529.
Workers Most at Risk For Hearing Loss
While any workplace can be noisy at times, you face the greatest risk of suffering a hearing loss if your job consists of one of the following:
- Airline crew member or airfield worker
- Ambulance driver or EMT
- Construction worker, particularly carpentry
- Lawn maintenance worker
- Manufacturing or factory worker
- Miner
- Agriculture worker
- Music industry worker
- Oil and gas extraction worker
Noise Levels
Noise levels are measured in decibels (dB). The higher the decibel level, the greater the chance of it producing hearing loss, especially if your job requires you to constantly work in a high-noise environment. Per recommendations issued by the National Institute for Occupational Safety and Health, a worker should not be exposed to a noise level higher than 85 decibels in any eight-hour workday. However, NIOSH also estimates that at least 30 million U.S. workers are, in fact, exposed to noise levels sufficient to cause irreversible hearing loss. If you suffer hearing loss at work, you may wish to contact a Frederick MD workers compensation lawyer.
Common workplace sounds that vastly exceed NIOSH recommendations include the following:
- Hammer hammering nails: 115-120 dB
- Jet plane motor: 120 dB
- Fire engine or police car siren: 120-140 dB
- Electric drill: 125-130 dB
- Jackhammer: 130 dB
Filing a Workers’ Compensation Claim
Suffering an occupational hearing loss can not only be expensive, but also will likely negatively impact both your work life and your personal life. Workers’ Compensation covers your medical costs, including such things as diagnostic testing, hearing aids, batteries and servicing. Specific benefits vary by state, however, as do the time periods within which you must file a claim. Again, your local Frederick MD workers compensation lawyer can advise you in these regards and ensure that you file your claim within the prescribed time frame.
If you’ve been injured, contact a Frederick MD workers compensation lawyer today for a free case evaluation. The attorneys at Cohen & Cohen have settled more than 10,000 cases in the last 30 years, and can help get you the compensation you deserve. Contact us at (202) 955-4529 today for a free case evaluation.
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