Work Injury Lawyer Baltimore MD
If you were hurt at work, you may want to speak with a Baltimore, MD work injury lawyer. You may be entitled to compensation for your medical expenses and lost wages. An experienced lawyer can assist you in filing your claim and protect your legal rights.
Types of Workers’ Comp Claims We Handle
At the Law Offices of Eric T. Kirk in Baltimore, MD, we proudly represent a wide range of clients in various Workers’ Compensation claims. Our dedicated legal team is well-versed in handling a diverse array of cases to ensure that injured workers receive the compensation they deserve. Some of the types of Workers’ Comp claims we handle include:
- Workplace Injuries: We assist workers who have sustained injuries while performing their job duties. This includes accidents resulting from slips, trips, falls, and other hazards within the workplace.
- Repetitive Strain Injuries: We advocate for workers suffering from repetitive strain injuries caused by repetitive movements or overuse of certain body parts during work tasks.
- Occupational Illnesses: Our team provides legal representation to workers who have developed illnesses or diseases due to exposure to hazardous substances or conditions in the workplace.
- Construction Accidents: We specialize in helping construction workers injured in accidents such as falls from heights, scaffolding collapses, equipment
- malfunctions, or crane accidents.
- Transportation and Driving-Related Injuries: We handle cases involving workers injured in motor vehicle accidents while on the job, including delivery drivers, truck drivers, and employees who use company vehicles.
- Work-Related Burns and Explosions: Our expertise extends to workers who have suffered burns or injuries in workplace fires or explosions, often occurring in industrial settings.
- Heavy Machinery Accidents: We represent workers who have been injured while operating heavy machinery or equipment during their work duties.
- Slip and Fall Accidents: We advocate for employees who have slipped, tripped, or fallen at their workplace, resulting in injuries.
- Denied Workers’ Comp Claims: If a workers’ compensation claim has been wrongfully denied, we work diligently to appeal and pursue the rightful benefits for the injured worker.
- Third-Party Claims: In certain situations, third parties may be liable for the worker’s injuries, such as contractors, subcontractors, or equipment manufacturers. We handle these complex cases to pursue additional compensation for the injured worker.
Eric T. Kirk understands the challenges injured workers face, and we are committed to providing compassionate and effective representation throughout the entire legal process. If you or a loved one has suffered a work-related injury or illness, do not hesitate to contact us for consultation and personalized legal guidance. We are dedicated to helping our clients navigate the complexities of Workers’ Compensation claims and seek the compensation they need for their recovery and well-being.
Types of Workers’ Compensation Benefits
As an esteemed Workers’ Compensation attorney at the Law Offices of Eric T. Kirk in Baltimore, MD, I am committed to assisting injured workers in understanding and obtaining the various types of benefits available to them. Workers’ Compensation benefits in Maryland are designed to provide crucial support to workers who suffer job-related injuries or illnesses. Here are some of the key types of Workers’ Compensation benefits that we help our clients pursue:
- Medical Benefits: Injured workers are entitled to receive necessary medical treatment related to their work-related injury or illness. This includes doctor visits, hospitalization, surgeries, medications, physical therapy, and rehabilitation services.
- Wage Replacement Benefits: If the injury or illness causes the worker to miss work for more than three days, they may be eligible for wage replacement benefits. The two primary types of wage replacement benefits are:
a. Temporary Total Disability (TTD): This benefit is provided to workers who are completely unable to work while recovering from their injuries or illnesses.
b. Temporary Partial Disability (TPD): If the worker can perform some job tasks but not all, resulting in reduced wages, they may be eligible for TPD benefits, which cover a portion of their lost earnings.
- Permanent Disability Benefits: When an injury or illness leads to permanent impairment, the worker may be entitled to receive benefits for permanent partial disability (PPD) or permanent total disability (PTD). These benefits provide compensation for the permanent loss of bodily function or earning capacity.
- Vocational Rehabilitation: In some cases, injured workers may require vocational rehabilitation services to help them return to suitable employment or acquire new job skills after a severe injury or disability.
- Death Benefits: In the tragic event of a work-related fatality, dependents of the deceased worker may be eligible for death benefits, which include compensation for funeral expenses and ongoing financial support.
- Scarring and Disfigurement Benefits: Workers who sustain significant scars or disfigurement resulting from a workplace injury may be entitled to additional compensation.
- Mileage Reimbursement: Workers are often reimbursed for the costs of traveling to and from medical appointments related to their Workers’ Compensation claim.
Navigating the Workers’ Compensation system can be complex, and insurance companies may attempt to minimize or deny rightful benefits. As a dedicated Workers’ Compensation attorney, I am committed to protecting the rights of injured workers and ensuring they receive the full and fair compensation they deserve. If you or someone you know has been injured at work, do not hesitate to reach out to the Law Offices of Eric T. Kirk for expert legal representation and personalized guidance through the Workers’ Compensation process.
Five “Must Knows” After Sustaining a Work Injury
One of the primary reasons why it is so important to connect with a skilled Baltimore, MD work injury lawyer as soon as you can after sustaining harm is that work injury cases tend to be uniquely complex. Because most injured workers qualify for workers’ compensation benefits – and the benefits process is notoriously time sensitive – these individuals may be entitled to multiple kinds of compensation if they were injured under circumstances that weren’t their fault.
If you’ve recently been injured under work-related circumstances, attorney Eric T. Kirk can evaluate your circumstances to determine what kind(s) of compensation you may be entitled to due to the nature of your situation. Acting quickly is key to preserving your rights and options in the wake of sustaining work-related harm.
One: Personal Injury Is Fault-Based, Workers’ Comp Is Not
You can file for workers’ compensation benefits even if you were at fault for your harm because the workers’ comp system isn’t fault-based. By contrast, you can’t file a lawsuit unless another’s negligent, reckless, or intentionally dangerous actions or inactions directly contributed to the cause(s) of your harm. This is because the personal injury lawsuit process depends directly on fault – including the degree of fault attributed to all parties who may have had a hand in causing another’s harm.
Two: Workers’ Comp Benefits Are Available for Acute and Chronic Harm
There is a common misconception that someone needs to have been hurt in an accident to qualify for workers’ comp benefits. In reality, repetitive strain and other chronic kinds of harm can render someone eligible for benefits. Chronic claims can be harder to prove, but our Baltimore work injury lawyer knows how to get results in these kinds of cases.
Three: Both Occupational Illnesses and Injuries Are Potentially Actionable
Just as you can pursue benefits for acute and chronic harm, you can pursue them for occupational injuries and illnesses alike. Similarly, because occupational illnesses and injuries frequently arise due to the negligence, recklessness, or intentionally dangerous conduct of a third party, these kinds of harm may also be actionable via a personal injury lawsuit as well.
Four: Qualifying Harm Can Happen Anywhere
You don’t need to be working at a traditional jobsite to qualify for workers’ comp benefits. You could have been injured while on the road, working remotely at home or attending a conference out of town. If your harm was work-related and you qualify for benefits, you can apply for them if you get hurt.
Five: Yes, You Should Speak with an Attorney
It can be tempting to file a workers’ compensation claim on your own. However, if you’ve sustained anything more than superficial harm requiring a quick trip to the doctor and not requiring any time off of work, it’s time to call attorney Eric T. Kirk. All too often, workers experience delays and claim denials that would have been preventable had they spoken with an experienced Baltimore work injury lawyer before seeking compensation. Even if you’re not going to be suing anyone, you can potentially benefit significantly from working with an experienced lawyer from go.
Common Reasons Why Workers’ Compensation Claims Get Denied
If your workers’ compensation claim was recently denied, you may feel frustrated. You thought that you did everything right, but you still received a rejection. Here are some common reasons why workers’ compensation claims get denied.
- Waiting too long to report the injury. After you get hurt at work, it is essential to report it to your employer immediately. If you wait too long to tell your lawyer, it can result in a claim denial. In Maryland, you have only 10 days to report a work injury.
- Being under the influence of drugs or alcohol. Fault is not a factor considered in workers’ compensation claims. However, if drugs or alcohol were in your system at the time of the accident, you can expect your claim to get denied.
- Having a pre-existing condition. If you have a pre-existing medical condition, it could complicate your workers’ compensation claim. Your employer may claim that you are experiencing symptoms because of your condition, not because you got hurt at work.
- Neglecting to seek medical care. After a work accident, it is crucial to seek emergency medical care, even if you feel fairly fine. As a Baltimore work injury lawyer can confirm, many workers’ compensation cases are rejected because employees failed to get prompt medical care. The insurance company may argue that you are not truly hurt if you didn’t see a doctor right away.
- Sustaining an injury when not at work. In order to get compensation for a work injury, you have to actually be at work. However, you do not necessarily have to be at your employer’s physical location. For instance, if you drive a vehicle as part of your job and get into a car accident, you may still qualify for workers’ compensation.
- Not getting medical care from an approved provider. If you get hurt at work, your employer will require you to get treatment from specific medical providers. If you get treatment from a non-approved provider, your claim may get denied. However, if you are not having success with the first provider’s treatment, you may be able to seek a second opinion.
- Not working with an experienced lawyer. While you are not required to have a lawyer to file a workers’ compensation claim, it is in your best interest to do so. A lawyer knows all of the workers’ compensation laws in your state and will help you fill out the paperwork correctly. You have a higher chance of getting your claim approved if you hire an experienced lawyer.
Injured on the Job? Here’s What a Lawyer Can Do for You
If you’ve been injured on the job, you may be wondering what a Baltimore, MD work injury lawyer can do for you. Whether you’re dealing with a minor injury or a long-term disability, a knowledgeable lawyer can help you understand your rights and fight for the compensation you deserve. Learn how an attorney will work to represent your case, so you can feel confident that you’re getting the representation and support you need. If you need help today, contact Attorney Eric T. Kirk.
Investigate Your Claim
Your lawyer will look into the details of your accident and investigate what led to your injury. This can include interviews with witnesses, review of documents, and inspections of the property where the accident occurred. Your lawyer will use these findings to assess the situation and determine how to proceed with your case. Your lawyer may also discuss the accident with the company’s insurance provider to ensure that they are taking appropriate steps to protect your rights and provide proper compensation. Ultimately, the goal of investigating your claim is to ensure that all parties are held accountable and that you are awarded the maximum compensation for your losses.
When an individual is injured on the job, it is essential to have solid evidence to support the claim. A Baltimore work injury lawyer will be able to help gather evidence that will bolster the claim and present a strong case. The evidence that can be gathered includes medical reports, witness testimony, and employment records. Medical reports are necessary to prove the extent of the injuries, document the treatments provided, and indicate the prognosis for recovery. Witness testimony from coworkers or supervisors can provide valuable information about the circumstances surrounding the injury, as well as provide an account of what was seen and heard. Employment records are also important in proving a case. This includes records that verify when and where the accident occurred, as well as records that may show any past violations of safety regulations or practices. This can be used to help determine if negligence was a factor in causing the injury.
Speak to Witnesses
If you have been injured while at work, it is essential to speak to witnesses. The statements of any witness to the incident can provide valuable insight into the nature of your injury and may help prove your case. A qualified lawyer will have experience in getting witnesses to tell their side of the story, including any details about the event leading up to the injury. These statements can be used to prove the negligence of a third party, the fault of an employer, or the failure of a piece of machinery or equipment.
Calculate Your Damages
Economic losses are costs related to the injury that can be easily quantified. This includes medical bills, lost wages, out-of-pocket expenses, and more. Non-economic losses are less easily measured but are just as important. This includes pain and suffering, loss of enjoyment of life, and other intangible losses. Your work injury lawyer will work to ensure that you receive fair compensation for all of your losses.
Negotiate With the Insurance Company
The lawyer will have experience with insurance policies and know how to maximize a claim payout. They will also understand when to walk away if the insurance company isn’t willing to offer a fair amount. If negotiations fail, they will be prepared to go to court and advocate for the worker’s rights. The lawyer will work hard to ensure that the worker receives the maximum amount of compensation for their injuries. The lawyer will know what kinds of losses are covered by workers’ compensation laws, including lost wages, medical expenses, and pain and suffering.
Contact Attorney Eric T. Kirk — who is a Baltimore work injury lawyer — for help today!
Baltimore Work Injury Law FAQs
What Is a Workers’ Compensation Claim?
A Workers’ Compensation claim is a legal process through which an injured or ill employee seeks benefits and compensation from their employer’s insurance company. It is a system designed to provide financial support and medical benefits to workers who suffer injuries or develop illnesses arising from their job duties. The primary purpose of Workers’ Compensation is to ensure that injured workers receive the necessary medical treatment and financial assistance without the need for a lengthy and costly legal battle.
Key features of a Workers’ Compensation claim include:
- No-Fault System
- Employer’s Responsibility
- Types of Benefits
- Reporting the Injury
- Medical Evaluation
- Statute of Limitations:
Overall, a Workers’ Compensation claim provides a safety net for workers who suffer work-related injuries or illnesses, offering them the necessary support to recover and return to work, or in cases of permanent disability, the financial means to maintain their livelihoods.
What is a work injury attorney, and when should I hire one?
A Baltimore, MD work injury attorney is a legal professional who specializes in handling cases related to workplace injuries and workers’ compensation claims. They have in-depth knowledge of workers’ rights and the laws governing work-related injuries. It’s a good idea to hire an attorney under the following circumstances:
- Your injury is severe: If your workplace injury is significant and requires extensive medical treatment or results in long-term disabilities, an attorney can help ensure you receive appropriate compensation for your medical expenses, lost wages, and future needs.
- Your claim has been denied: If your workers’ compensation claim has been denied or undervalued, an attorney can advocate on your behalf, gather evidence, and present a strong case to help you secure the benefits you deserve.
- You face retaliation or discrimination: If you have been terminated, demoted, or faced discrimination in the workplace due to filing a workers’ compensation claim, an attorney can protect your rights and help you seek justice.
- You need assistance with the legal process: Navigating the workers’ compensation system can be complex. An attorney can guide you through the process, ensuring deadlines are met, paperwork is properly filled out, and your rights are protected.
What should I do immediately after a work injury?
Following a work injury, you should implement the following steps:
- Report the injury: Immediately notify your supervisor or employer about the injury, providing a detailed account of how it occurred. This creates an official record of the incident and ensures that your employer is aware of the situation.
- Seek medical attention: Prioritize your health and seek medical treatment as soon as possible. Even if the injury seems minor, it’s essential to have a medical professional evaluate your condition and document the extent of your injuries.
- Document the incident: Gather evidence related to the accident, such as photographs of the accident scene, witness statements, and any other relevant documentation. This evidence can support your claim if you decide to pursue legal action.
- Consult a work injury attorney: Contact an experienced work injury attorney to discuss your case. They can provide guidance on the legal process, help you understand your rights, and evaluate the potential for a successful workers’ compensation claim.
Can I sue my employer for a work-related injury?
Generally speaking, a worker can’t sue their employer for any work-related injuries if that worker has workers’ compensation. Workers’ compensation laws provide a no-fault system, meaning that regardless of who was at fault for the accident, employees are generally entitled to benefits. However, there are exceptions to this rule, such as instances of gross negligence or intentional harm by the employer. Consulting with a work injury attorney can help determine if you have grounds for a lawsuit against your employer.
How much does it cost to hire a work injury attorney?
Some workers avoid hiring an attorney because they believe it’ll be too expensive, but many attorneys operate on a contingency fee basis. The attorney’s fee is typically a percentage of the amount recovered, and it is agreed upon in advance. This arrangement allows individuals who may not have the financial means to afford an attorney upfront to access quality legal representation. During the initial consultation, it’s important to discuss the fee structure and any potential additional costs, such as court fees or expert witness fees, to ensure transparency and avoid surprises later on.
Understanding the Role of a Baltimore Work Injury Lawyer
Workplace safety is paramount, but accidents and occupational diseases still pose significant threats to employees in various sectors. When an incident occurs at work, either due to a sudden accident or exposure leading to long-term health issues, it’s imperative to consult a Baltimore work injury lawyer.
Workplace Accidents and Occupational Diseases
Every job has its inherent risks. While some might face the immediate dangers of machinery mishaps resulting in neck injuries, others may be exposed to materials causing lung diseases over extended periods. Whether it’s a sudden workplace accident or the gradual onset of an occupational disease, workers deserve compensation and support.
The Intricacies of Compensation Insurance
While most employers have compensation insurance in place to protect their employees, navigating the claims process can be daunting. Experienced workers often find themselves overwhelmed by the technicalities and legal jargon involved. This is where the expertise of a compensation lawyer, or a ‘comp lawyer’, comes into play.
Advocacy for Continuous Medical Improvement
Once a worker sustains an injury, the road to recovery may be long and uncertain. The goal is not only to get immediate medical attention but also to ensure ongoing care until maximum medical improvement is achieved. Personal injury attorneys, specializing as Baltimore work injury lawyers, advocate for the continuous medical needs and rights of the injured.
Facing an injury or illness due to work-related circumstances can be distressing. However, with the dedicated assistance of a Baltimore work injury lawyer, workers can confidently navigate the legal terrain, ensuring they receive the rightful compensation and care they deserve.
Eric T. Kirk Baltimore Work Injury Lawyer
Contact Our Experienced Baltimore Work Injury Lawyer Today!
If you or a loved one has experienced a work-related injury in Baltimore, our dedicated team at the Law Offices of Eric T. Kirk is here to provide compassionate and expert legal representation. As experienced Baltimore Work Injury Lawyers, we will fight tirelessly to protect your rights and secure the full Workers’ Compensation benefits you deserve. Don’t hesitate to reach out for a free consultation to discuss your case and take the first step towards securing the financial support and justice you need to move forward confidently. Your well-being is our priority, and we are ready to be your trusted advocates throughout the entire legal process. Contact us today to see how we can help you on your road to recovery.
"Eric Kirk was a great attorney to me. He settled my personal injury case in about 5 short months, and handled my complicated situation with professionalism and a great attitude. Eric handled everything with the insurance companies, and I didn’t have to lift a finger. I am so grateful for the work Eric put in, and it won us my case! I would recommend Eric’s firm to anyone in need of an awesome attorney. Thank you Eric!"