When you’ve suffered a workplace injury, there are many reasons why it’s important to hire an attorney to represent you in your claim. While your focus should be on getting the medical care you need, a Workers’ Compensation attorney can help to ease the stress that can be associated with the legal process of obtaining the benefits you deserve. Significantly, trying to navigate the Workers’ Compensation process on your own can be daunting and may result in mistakes that could have been avoided.
Below are several crucial reasons to retain a Workers’ Compensation attorney:
In order to qualify for Workers’ Compensation benefits, there are certain criteria that must be satisfied under Maryland law. Specifically, a worker must be considered an employee under the Workers’ Compensation Act. In addition, the injury must “arise out of and in the course of employment.” An attorney can help ensure you meet the legal requirements to file a claim so that you can obtain the benefits to which you’re entitled.
There are specific rules, regulations, and deadlines that must be met to file a Workers’ Compensation claim. A skilled attorney can ensure the paperwork for your claim is completed correctly and filed within the necessary time frame. They can advise you regarding the proper steps to take to help ensure a successful claim and protect your rights during the process.
Just because your claim was rejected doesn’t mean that you don’t have options. If your employer or the insurance company denies your claim for benefits, a Workers’ Compensation attorney will know how to appeal the decision. They can evaluate the reasons for the denial and help you collect the evidence you need to file an appeal and proceed forward.
In the event your employer or the insurance company offers you a settlement, you should not accept it without consulting with an experienced Workers’ Compensation attorney. In most cases, they will offer an initial lowball settlement that doesn’t adequately cover the extent of your injuries in the hopes that you will settle quickly and they can pay out as little as possible. A knowledgeable attorney will understand the strategies and tactics the insurance companies use and can advise you whether the offer is fair. If you are entitled to a larger amount, a diligent attorney can vigorously negotiate with the insurance company to secure a favorable settlement.
Often, an injured employee may be entitled to more benefits than they may know about. Importantly, not only might you be eligible to receive medical benefits, but you may also qualify for disability benefits, wage reimbursement, and vocational rehabilitation. A Workers’ Compensation attorney can ensure you obtain all the benefits to which you are entitled by law.
Although many Workers’ Compensation matters are resolved without a hearing, they may be necessary in cases in which it must be determined whether an employee qualifies for benefits — or whether treatment was reasonable. A hearing may also be used to ascertain whether lost wages are payable or in cases where a permanent injury has been sustained. It’s best to have a Workers’ Compensation attorney by your side to represent your interests at any hearing that is scheduled and ensure your rights are protected.
If a party besides your employer is to blame for your accident-related injuries, you might be able to file a third-party claim. Although an employee cannot sue their employer due to Maryland’s Workers’ Compensation laws, you may be able to commence a personal injury lawsuit against another responsible party to recover additional compensation — including pain and suffering damages. An experienced attorney can assess your case and determine whether you have a viable personal injury claim.
The Workers’ Compensation process can be confusing and overwhelming. It’s best to have a skilled attorney by your side to help ensure you receive the benefits you deserve. The Law Office of Sara El-Shall assists clients with securing the benefits to which they're entitled so they can move forward. Attorney Sara El-Shall skillfully represents clients for Workers’ Compensation matters throughout Baltimore and southern Maryland, including Anne Arundel, Montgomery, Frederick, Harford, Howard, Cecil, and Prince George's counties. Call (410) 656-2909 to schedule a consultation.