Dictionary of Legal Terms
DAMAGES Damages are the method by which the law quantifies the harm that results from an act of negligence. Money is a poor substitute for the pain and loss associated with a personal injury, but it is the system of compensation that the law recognizes for those who have sustained physical harm at the hands of others.... Read more »
Five Common Mistakes To Avoid When Filing A Maryland Workers’ Compensation Claim.
Under Maryland law, workers’ compensation is designed to be a self-executing system for the delivery of needed benefits to the injured worker. Sadly, this is, too often, not the case. The fact that Maryland must have a Workers’ Compensation Commission to decide disputes between injured workers and their employer’s insurance company over contested or denied benefits-and... Read more »
Can I Recover For Stress Related Injuries at Work?
20 years ago, Maryland ’s highest court ruled that the worker’s compensation commission may recognize a PTSD claim, so long as the fairly stringent standards of the workers’ compensation statute are met. ” PTSD may be compensable as an occupational disease under the Workers’ Compensation Act if the claimant can present sufficient evidence to meet... Read more »
What Is The Value Of A Baltimore, Maryland Workers Compensation Claim?
Perhaps the biggest single difference between evaluating a Maryland workers compensation claim and a personal injury claim is that in the former, the responsible party-in this case the employer/insurer- is responsible for payment on a periodic and ongoing basis of wage loss benefits and medical benefits as those expenses arise. With respect to the latter, wages... Read more »
What Should You Do Right After You Have Been Hurt At Work?
If you are injured while in the scope and course of your employment while at work, you are entitled to workers compensation benefits. The workers’ compensation laws set up a scheme of benefits which are, in theory, automatic and delivered on a prompt, no fault, efficient basis. However, insurance companies often deny and delay the provision... Read more »
If I Have COVID-19 Can I Get Maryland Workers’ Compensation Benefits?
The CDC and WHO tell us that that the virus that causes COVID-19 is novel. Injured workers who have continued to work during the pandemic will present novel legal issues when claiming Maryland COVID-19 worker’s compensation benefits. As Attorney Eric T. Kirk will tell you. If you believe you contracted COVID-19 through exposure at work, or... Read more »
Do I Have To Pay Any Of My Medical Bills For A Work-Related Injury In Maryland?
As Attorney Eric T. Kirk will tell you. No. The employer, and/or their insurance company are responsible for these costs. Transcript No. If you’re hurt at work, your medical expenses are the responsibility of your employer or their insurance company. That’s a lifetime benefit, so long as there is medical evidence, as ratified by the... Read more »
Can Social Media Or Internet Information Be Used To Prove A Case Against Me In Court?
As Attorney Eric T. Kirk will tell you. Your social media posts are generally admissible against you in court. Transcript Absolutely. Like any other piece of information that’s out there, so long as the rules of evidence are satisfied, anything that’s on social media or on the internet is potentially evidence at trial. If... Read more »
Can I Sue My Maryland Employer For A Fall?
As Attorney Eric T. Kirk will tell you. An employer is generally immune from a lawsuit for personal injury. Transcript Maryland employers generally enjoy what is called workers’ compensation immunity. Years ago, at the turn of the previous century, if an employee was injured at work, they had to sue their employer and had... Read more »
Can I Be Treated By My Own Doctor And, If Not, Can I Trust A Doctor Provided By My Employer?
As Attorney Eric T. Kirk will tell you. You have the right to select your doctor after a workers’ compensation accident. Transcript You’re absolutely entitled to your choice of medical providers if you’ve been hurt at work, or otherwise. Certainly under Maryland law, if you’re hurt at work, and you sustained an injury in the... Read more »
What Kind Of Workers’ Compensation Benefits Will I Receive?
Attorney Eric T. Kirk will tell you. Medical, wage loss and impairment beneifts. Transcript If you’re injured at work, in almost every work there’s compensation case, the injured worker’s entitled to three types of benefits. One is wage loss benefits. If a doctor takes you out of work for a period of time, you’re... Read more »
What Is Permanent Disability?
Attorney Eric T. Kirk will tell you. Maryland recognizes partial and total permanent disability. Transcript There are two types of permanent disability recognized under Maryland law. There’s permanent partial disability, and there’s permanent and total disability. Dealing with the second one first, permanent and total disability is akin to Social Security Disability where an individual... Read more »
