An employee who sustains an accidental injury arising out of his or her employment is entitled to workers’ compensation benefits. These are typically wage loss payments and medical expenses. The nature of workers’ compensation cases is explored and discussed elsewhere on this site.
The thorough Baltimore personal injury lawyer will always explore a possible “third-party” component to any workers’ compensation claim. [ e.g. a car accident in Baltimore where the injured person is ‘on the job’].
In a straight workers’ compensation claim, it does not matter if the employer was at fault for the accident. Benefits are payable if the injury occurred in the course of employment. But what if the injury was caused by a negligently designed machine or piece of equipment? What if the workers’ compensation injury was a car accident with an “at-fault” driver that did not work for the employer- or even one that did work for the employer? If the injury-causing event is due to the negligence of a party other than the direct employer of the injured worker, then a third-party negligence-based claim may be possible. The frequently encountered downside here is that the workers’ compensation insurance company will have a claim against any such third party recovery, up to the amount of workers’ compensation benefits provided.
I Attorney Eric T. Kirk have frequently been able to make two-cases-out-of-one, collecting wage loss and medical benefits for my clients under the workers’ compensation scheme, and separate damages for pain and suffering via a personal injury action.
I extend a case review, claim evaluation and legal opinion on a no-cost basis to my clients. Contact me today to arrange a meeting. 410 591 2835.
An employee who sustains an accidental injury arising out of his or her employment is entitled to worker’s compensation benefits. The law defines these elements in general terms that are construed in favor of the injured, or purportedly injured, worker. As Attorney Eric T. Kirk will tell you.
“Arising out of” employment means that the injury results from some incident of employment. That is to say, if the injury occurs during works hours, at a place where the employee is expected at that time, and results from an activity reasonably related to the work, then it arises out of that work.
Notice that the first prong of the analysis is whether or not the worker is considered an “employee”. If that showing is met, the next step is a determination that the injury happened in the scope and course of typical employment duties. If there is evidence that the injury is related to something other than an accident occurring during work activities e.g. a drug interaction or heart attack then an aggressive Baltimore personal injury lawyer will need to examine the cause of the injury for evidence of the negligence or culpability of a third party for a potential recovery.
I extend a case review, claim evaluation and legal opinion on a no-cost basis to my clients. Contact me today to arrange a meeting. 410 591 2835.
Any employee who sustains an accidental injury in the scope and course of their employment is entitled to workers’ compensation benefits.
Benefits are payable regardless of fault, i.e. the employee does not have to prove the employer was negligent or “at fault” for the injury, As Attorney Eric T. Kirk will tell you.
The history of the worker’s compensation system reveals that the trade-off for an employer’s responsibility for work accidents regardless of fault is that the injured employee cannot sue the employer in tort for negligence [“workers’ compensation immunity”]. It sometimes comes as a surprise to an injured worker that they cannot sue their employer when they are hurt at work. Most responsible employers choose to deliver worker benefits through an insurance carrier. “Deliver” in this context may be, at times, misleading.
It frequently comes as an additional and unwelcome surprise to injured workers that Maryland worker’s compensation insurance carriers spend millions of dollars in litigation fees, hiring attorneys to ask the worker’s compensation commission to deny benefits to injured employees.
Some states say that their system of worker’s compensation is to be “self-executing”. That is all too frequently not the case. Nevertheless, every jurisdiction has a sizeable worker’s compensation defense bar- lawyers who are hired by the carriers to defend the carriers’ denial of benefits in court. Some of the lawyers in Maryland represent insurance companies. These are skilled, seasoned defense lawyers who provide excellent legal services to their clients- the insurance industry. They are able and skilled advocates in the courtroom, and routinely, and effectively, argue that injured workers should not receive the benefits they have sought.
If you have been denied worker’s compensation benefits, or if the insurance company is not providing all benefits to which you are entitled, it is vital that you meet with an experienced worker’s compensation attorney. I offer all injured worker’s a no-cost legal analysis and strategy meeting. I’d be happy to meet with you, if you find yourself in this situation. Feel free to contact me today.
When hurt at work, one is entitled to, at a minimum, wage loss and medical are. Certainly that includes evaluation, and treatment if necessary by a medical professional. injured workers are entitled to receive surgical, and other such care an attendance as required by the process of recuperation and the nature of their injury,
Services like nursing, hospitalization, medicines and prosthetics are provided under appropriate circumstances.
An employer, or their insurer, under the rubric of medical care and attendance, may be obligated to provide ancillary services such as transportation and modifications to a severely injured worker’s residence for access to necessaries [but not simply to improve the quality of their lives], As Attorney Eric T. Kirk will tell you. R&T Construction v. Judge, 594 A.2d 99. It comes as little surprise to those involved in workers’ compensation litigation that insurance companies frequently aggressively deny, delay and defend requests for these ancillary benefits by injured workers. I believe that all injured workers must at least speak to an attorney to fully gauge the benefits to which they are entitled.
I extend an individual case evaluation and analysis to anyone hurt on the job. Contact me today to arrange a time to meet. Complete the form at the bottom of this page, or call me today. 410-591-2835.
Maryland worker’s compensation law provides benefits for employees who sustain an accidental injury in the scope and course of their employment.
The scope and course of employment aspect is satisfied if the accident occurs while the person is working, or performing a task related to the work. [MPJA 30:6].
An accident is something unexpected, i.e an unanticipated injury caused by physical conditions, requirements, or exertion required of or by the job. The skilled personal injury lawyer in Baltimore Attorney Eric T. Kirk is also aware that, to entitle a worker to worker’s compensation benefits, the accident injury must ‘arise out of’ the work, in addition to occurring in the scope of the employment, In other words, there must be a causal connection between the work and the injury [although the work does not have to be the sole cause of the injury]. There are no benefits available for injuries resulting solely from the so-called ‘idiopathic’ condition, personal to the employee [e.g. a medical condition]. CAM v. Becchio, 608 A.2d 1264.
Of course, it comes as no surprise to those who litigate worker’s compensation claims that insurance companies frequently use these definitions and concepts to justify their denial of benefits to injured workers.
I’ve handled hundreds of worker’s compensation claims over the years. The surprising thing to me is always the number of employers and insurance companies that deny needed and relatively inexpensive medical care to injured workers. If you’ve been hurt at work, we should talk today. 410 591 2835.
Experienced personal injury lawyers in Baltimore regularly obtain benefits for clients who’ve had an accidental injury in the scope and course of their employment. In these instances, a hearing will take place before the Workers’ Compensation Commission. At the hearing, the lawyer who the insurance company has hired to contest the claim will ask the commissioner to ratify the denial and offer the legal or factual basis that supports the insurer’s position. It surprises many people to learn the number of claims denied by insurance companies, that are later found to be valid by the Commission. A frequent defense is that the injured worker was not at work, or working, when hurt, attorney Eric T. Kirk will tell you
The application of the ‘going and coming’ rule generally results in determinations that an employee on their way to or from work is not acting within the scope and course of their employment.
One exception to the rule is the ‘free transportation’ exception. Where the employer provides transportation to and from work, and an accidental injury [ e.g. a Baltimore car accident] occurs during those rides, the employee gets compensation benefits. In some instances, injured worker’s traveling on public roadways between two properties owned by their employer qualify for benefits. An employee injured while on a special mission for the employer also gets benefits -if injured on the mission.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
Many Baltimore personal injury lawyers routinely secure worker’s compensation benefits for their clients. Those lawyers know that an
….”occupational disease” is a disease, contracted by an employee in the scope and course of employment that temporarily or permanently disables the employee.
To be entitled to worker’s compensation benefits under the law, the injured worker must prove the disease arose from incidents of the employment, and must be a customary, usual and natural consequence of that vocation. Some claims of occupational disease that have found their way through the court system involve: Attorney Eric T. Kirk will tell you.
- Hearing loss
- Post-traumatic stress
- Work related asthma
- Repetitive trauma injuries
- Asbestos exposure
- Exposure to dusts, metals or toxins
It goes without saying that occupational disesaes can be the most debilitating of afflcitions for a worker. Unfortunately, due to the nature of the malady, they may be among the most difficult to connect to a work-related condition. These cases can be intricate, time-consuming, and ultimately, expensive to litigate. Moreover, these types of claims are often contested by the insurance company. Issues of proof can be complex, and a skilled worker’s compensation attorney’s services are required.
I extend a free legal analysis and complimentary strategy session to all injured workers. Contact me today to arrange yours. 410 591 2835.
Many personal injuries and accident lawyers Attorney Eric T. Kirk in Baltimore, MD will quickly tell you that means you have a worker’s compensation case -and that is it. Generally speaking, if you are hurt while on the job, even if the injury occurs through the fault of your employer, your employer must provide you with worker’s compensation benefits, but is otherwise immune from a typical negligence claim.
Yes, injured workers typically cannot sue their employer for negligence.
More aggressive injury and accident lawyers in Baltimore, MD might pull back the layers of that particular onion a little bit. That is not necessarily the end of the road. Of course, if you are hurt at work by the negligence of another outside of your employer’s organizational structure, you may be entitled to an additional recovery. The law recognizes three common scenarios where a superficial “worker’s compensation” claim may well have another claim within it:
- where a third party is negligent in injuring an employee;
- where an employee is injured while using a defective piece of equipment;
- where an employee is injured to a dangerous or defective condition on land.
These cases are typically referred to as workers’ compensation “third party” claims. The distinction is not insignificant. Under workers’ compensation law, an employee is entitled to recover for their lost wages, and have their medical expenses met. In a personal injury action premised on negligence,
one is entitled to recover for non-economic damages: things like pain, inconvenience, distress, and suffering, in addition to strict economic damages like medical expenses and lost wages.
The third-party claims process can be complex. It is interesting that although the law gives the workers’ compensation insurance company the right to sue the at-fault party directly to recover amounts they have paid due to the injury- they essentially never do so.
I’ve handled hundreds of worker compensation claims over the years. Many of these have included derivative claims discussed in this guide. I propose an initial legal assessment of a claim and a client conference, all without charge, to anyone who has suffered an injury in any accident. Contact me today to begin the process of your financial recovery.
We’ve discussed in another guide the concept of products liability, where an unreasonably dangerous or defective product injures an individual, that person may retain a personal injury and accident lawyer to sue the manufacturer of that product, or possibly the distributor. The concept applies in connection with work-related injuries as well. As Attorney Eric T. Kirk will tell you.
If that defective product happens to be a machine or tool that injures the worker using it, the injured worker has a separate claim against the maker of that product.
That worker is clearly entitled to worker’s compensation benefits, and, also to maintain an action against the maker of the machine or tool causing the injury.
The significance of this additional claim is found in the type of recovery available. Under the worker’s compensation scheme, an employee can recover their lost wages, or a percentage thereof, and to have their medical expenses paid. They may also be entitled to compensation if they sustained a permanent injury. In the exceptional workers’ compensation case, the injured worker may be entitled to retraining, or, in a tragedy, permanent disability. In a products liability personal injury case, non-economic damages are also recoverable. In this latter type of claim, the injured person is able to recover compensation for more intangible injuries like suffering, distress and physical or mental pain. There is no recovery for these injuries in a workers’ compensation claim.
I have been evaluating cases for more 25 years. I’ve handled thousands of cases in that time. I invite all potential clients to participate in a no-cost legal analysis and strategy conference. Contact me today to arrange a time to meet. 410-591-2813.
There are several guides discussing the concept of premises liability. The law in this area sounds straightforward, but can be enormously complex in its application. The owner or manager of real property has a duty to protect visitors to that property from dangerous or defective conditions of which they know, or should know. As Attorney Eric T. Kirk will tell you.
If the injured person is at work when hurt, they may have a claim for both workers’ compensation and one against the negligent landowner.
Now, the deciding factor is ownership or control of the premises. If an on-duty worker is injured on premises not owned by his employer, due to a dangerous condition on the premises, clearly that worker is going to get worker’s compensation benefits.
That injured person also has a negligence-based personal injury claim against the individual or entity that owns or is responsible for the management of the property. The benefit of pursuing an additional personal injury claim against the owner of the premises can be found in the type of recovery available to the injury victim. Whereas a recovery under worker’s compensation does not include an award for suffering or physical or mental distress, a personal injury settlement or verdict most certainly would.