Gaithersburg Workers’ Compensation Lawyer
Work injuries have affected millions of people in the U.S. However, not many people know how much they need back. If you’ve been involved in a work accident, consider talking to a Gaithersburg Workers’ Compensation lawyer. You’re job is to get back to health. Employers can legally be held liable. How so? And who will be paying you compensation?
Who Pays Me for Workers’ Compensation?
Most companies have workers’ compensation insurance so that workers can get back medical bill costs and time off. It is the employers responsibility to keep you safe at work. Nonetheless, if your injured at work and the accident could’ve been prevented, workers’ compensation insurance is meant to cover you. Insurance companies are a business too nonetheless. Which unfortunately means that sometimes they compensate less than what they should. This is why legally, it would be more beneficial to have a Gaithersburg workers’ compensation lawyer. Even so, workers’ compensation insurance is not offered to every employee. It just depends what kind of work the employee is doing.
Sometimes independent contractors are not considered employees. Moreover, they could be eligible for compensation. Some factors are determined if an independent contractor should be considered an employee like:
- Who controls the work performed by the independent contractor
- Whether or not the worker can be hired or fired
- How the worker is paid
Even they are not considered an employee, they can still receive compensation by other means. Some other workers, however don’t have workers’ comp. insurance. All situations depend. Regardless, injuries at work are serious business and need to be handled immediately.
Injuries Covered by Workers’ Compensation
The injury has to happen on the clock or at a work-related event to be considered workers’ comp. Otherwise, it would not be considered a work injury and your employer may not be involved. These accidents could be put into 2 categories: “injuries by accident” and “occupational diseases.” These are 2 different classifications.
Injuries by accident are more external and classified if the following questions are answered, “yes”:
- Was it sustained at work or a work-related event?
- Was caused by a specific work-related activity?
- Did the injury occur suddenly at a specific time during work?
On the other hand, occupational diseases are more internal. You may be entitled to occupational disease workers’ comp. if these conditions are met:
- The disease was directly caused by your work.
- The disease is not already a condition that affects your health, unless it significantly affected your life.
Examples of occupational diseases could include asbestosis, mesothelioma, and silicosis. You could be entitled to compensation after either an injury by accident or occupational disease. Hiring a Gaithersburg workers’ compensation lawyer is an option as well as something to really take into consideration, as there are many moving parts to a case.
How To Receive Workers’ Compensation
Every state has their own set of laws. We are going to be unpacking Maryland only.
Once you have an injury at work, there are many ways that the law determines how much you get for your losses. There are 4 ‘impairment ratings’ that can be combined to value a case. These injury factors include:
- Temporary total disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
- Temporary partial disability: These benefits are equal to two-thirds of the difference between your pre-injury average weekly wage and your post-injury average weekly wage.
- Permanent partial disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
- Permanent total disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
However, there are limits to how much you get back. Your weekly benefits cannot exceed the state’s average weekly wage in Maryland. For example, if just two-thirds of your average weekly paycheck (when you were working) is more than the state’s standard average weekly wage, you will be compensated the state’s average weekly wage. As there are many more details that affect what you get back.
This system ensures workers get what they should depending on their case. Ratings will be evaluated by the workers’ comp. insurance’s choice of doctor. A Gaithersburg workers’ compensation lawyer would fight to make sure you get a doctor who will value your case fairly. This is just one of the benefits of hiring an attorney.
Benefits of Hiring a Gaithersburg Workers’ Compensation Lawyer
First, before even considering a lawyer, file for workers’ compensation with your employer. That is a process completely separate from hiring a lawyer. Filing for the initial claim will start a legal process to receive money back. It will get you in touch with your employer’s insurance company. Remember that these guys pay for your claim whether you sue them or not. After filing for workers’ compensation, reach out to a Gaithersburg workers’ compensation lawyer to talk about the possibility of more back in returns.
The purpose of getting an attorney is so you can get the maximum for your case and the work will be taken off your plate. A work injury claim could require getting medical records, finding expert witnesses, a trusted doctor, among other tasks. Your not thinking clearly after an accidental injury. If you miss pieces of information without a lawyer, you could be getting way less than you need. Also, you will only have to focus on recovering physically and even mentally or emotionally. A legal team by your side will make sure you don’t miss anything as well as deadlines and facts. Our team will be transparent about the whole process and make sure no stone is unturned.
Our Gaithersburg Workers’ Compensation Lawyer Team Wants to Help You
Getting treatment right away for any personal injury case is important. We want to help and can get you back on your feet.
You have a right to get back to health and get back to work. A lawyer may seem intimidating but it could change the outcome of you situation for the better. Our team just wants to talk and have a conversation with you. We are here at (888) 892-0906. It’ a free consultation, so there is no risk to call. As well as if you decide to hire us, there is no fee unless we win your case. Contact us today!