Why Choose Us?
Our Baltimore Workers’ Comp Lawyer Gives You the Respect You Deserve
Attorney Steven H. Heisler built his practice for the sole purpose of fighting for injured victims’ right to compensation. As a former union leader and Golden Gloves boxer, attorney Heisler has gone head to head with all manner of opponents and knows what it takes to win.
If you want a Baltimore workers’ compensation lawyer who won’t back down when representing you, choose the Law Offices of Steven H. Heisler.
Clients of the Law Offices of Steven H. Heisler get the benefit of working with a law firm that:
- Has recovered substantial compensation for its clients over the years
- Has a nationally recognized trial attorney as its founder
- Is committed to the Baltimore community and surrounding areas
- Has an open line directly to its workers’ compensation attorney.
Compensation for Your Injuries
When you are injured, you face various losses. Workers’ compensation insurance covers the economic portion of these losses but not the intangible damages you experience. Also, unless your employer intended to cause you harm, your employer is unfortunately indemnified against a lawsuit for your injury.
Workers’ compensation takes care of many, but not all, of your out-of-pocket losses. In most cases, this includes:
- Doctor bills
- Hospital bills
- Physical therapy
- Lost wages
- Compensation for permanent or partially permanent injuries
But it is important to note that workers’ compensation claims do not pay out like personal injury lawsuits for compensation. Workers’ comp claims are limited by law. For example, although your medical bills are covered, there are limits in place that cap benefits. The same holds true for lost wages. Maryland workers’ compensation also does not compensate you for pain and suffering but does compensate you for permanent or partially permanent injuries.
Employees who are injured and miss work may benefit from income replacement benefits. Known as Temporary Total Disability Payments, these benefits give workers two-thirds of their average weekly pay, which has a cap that is regularly adjusted.
There are strict requirements in place that govern which injuries are eligible for workers’ comp coverage. Generally speaking, there are two types of injuries that workers can claim coverage for: accidental personal injuries and occupational diseases.
Accidental Personal Injury
Maryland workers’ compensation is a no-fault law. You cannot be denied benefits because you are responsible or partially responsible for the accident. Maryland law requires that a worker’s injury must be due to an accidental personal injury that was not planned in order to be eligible for compensation. Two main exceptions to this rule are intoxication and time to and from work.
Intoxicated individuals whose injury or death is solely attributable to the use of alcohol or drugs are not eligible to receive workers’ compensation benefits. They may still have their medical costs covered (the employer may do so out of the goodness of their heart but are not required to) but will not receive compensation for lost wages or permanent disability, nor will their dependents in the case of a fatality.
If you are injured on your way to or from work, you likely will not receive compensation either. There are some exceptions to this rule, but, generally speaking, you must be injured while on the clock.
An occupational disease is a condition that develops over the course of an individual’s employment at a business. There is no single incident that causes this kind of injury, as is the case with accidental personal injuries. Instead, these cases typically involve incidents of exposure to chemicals and harmful substances over a long period of time.
Arising out of Employment
One of the most important requirements for an injury to be eligible is that it arises out of employment. In other words, the injured worker must have been engaged in an activity that was a natural part of their employment, and the injury must have come from that activity.
For example, a person whose job it is to remove ice from walkways will likely have a covered injury from a slip on the icy walkway they were treating.
Arising in the Course of Employment
Essentially, you must be on the clock performing your normal duties when you are injured if you want to claim workers’ compensation. However, if you are injured just before clocking in while walking through the employer’s parking lot, you likely will have a compensable claim.
Denied, Disputed, or Delayed Claims
Various reasons exist to explain why claims are delayed or denied. One of them is paperwork and other technical errors. Incomplete applications and applications with wrong information prevent countless workers from getting quick benefit payments. The insurance company for the employer also is allowed several weeks after a claim is filed to investigate and determine whether to accept or deny the claim.
Fortunately, these errors are easily remedied and easily avoided with the aid of an experienced Baltimore workers’ compensation lawyer.
However, other reasons for claim problems that are more difficult to resolve often pop up. They usually come from the insurance company or the employer. The insurer might send out a denial because:
- The claim was not filed in a timely manner.
- The injury did not happen at work and so is ineligible.
- The injured worker injured themselves.
- Use of alcohol or drugs.
Keep in mind that a claim denial is not the end of the story. You have the right to appeal to the Maryland workers’ compensation commission and have a workers’ compensation lawyer fight for your approval before a workers’ comp judge. Insurance adjusters routinely deny valid claims only to approve them later once an experienced lawyer gets involved.
As far as your employer goes, they may engage in all manner of activities that negatively impact your access to benefits, including:
- Outright refusal to pay
- Refusal to report the injury
- Firing you after the injury
- Unreasonably delaying the payment of benefits
- Not offering you alternative work when appropriate.
Sadly, this type of behavior is more common than anyone would like to believe. With the services of Baltimore workers’ comp lawyers, you can fight to make your employer comply.
How Our Baltimore Workers’ Comp Lawyer Can Help
Respect in Your Time of Need
In a world where the workers’ compensation system worked flawlessly, injured workers would receive their benefits in a timely fashion. And those who are able to return to work would have no problems with their employers or the insurance company. Sadly, workers with valid injuries often find themselves struggling for their benefits.
At the Law Offices of Steven H. Heisler, our workers’ comp lawyer will fight to get you the respect you deserve. After putting in your many hours and days at work, you deserve to have your benefits paid out when you need them: now.
When working your case, our workers’ comp lawyer can:
- Oversee the completion and filing of your compensation forms
- Ensure your claim actions meet the appropriate deadlines
- Represent you in the appeals process in the case of a denial
- Help you find medical professionals for your injuries
- Collect medical evidence for your claim
- Communicate with parties, i.e., the insurance company and your employer
- Negotiate a settlement on your behalf
- Attend hearings in the representation of your interests.
Frequently Asked Questions
A Baltimore Workers’ Comp Lawyer Who Listens
Baltimore workers’ comp lawyers know that workers’ compensation issues are not always so straightforward. Understanding the answers to some of the most common questions about this process can help.
Yes. If you are injured on the job, you have two years to file a claim with the Maryland workers’ compensation commission. You have one and a half years to file a death claim with the commission. Simply setting up a claim with the insurance company is not sufficient.
Baltimore workers’ compensation lawyers charge a percentage of your final workers’ compensation payout. According to statute, Baltimore workers’ compensation lawyers must charge no more than 20%.
Once your claim is approved by the insurance adjuster, the insurance company should start paying on your claim immediately. If you won your case on appeal at the Maryland workers’ compensation commission, the insurer has 15 days from the date of the decision to pay. Should the insurer fail to pay within 15 days, your attorney can file for penalties and fees.
These actions are highly illegal and should be dealt with swiftly. Speaking with seasoned Baltimore workers’ comp lawyers is a good first step in determining an optimal strategy for your case. It is unlawful for an employer to discharge a worker for filing a work comp claim with the Maryland workers compensation commission. Your lawyer can file a wrongful discharge claim against the employer in state court if that happens.
If you have additional questions, contact our office to speak with an experienced workers’ compensation lawyer.
Attorney Steve Heisler
Steve Heisler decided in 1996 that he was going to focus his law practice exclusively on injury cases. Since then, he has been representing injured people against insurance companies, disreputable medical practitioners and Big Pharma, and doing it with compassion, honesty and level-headed rationality. [ Attorney Bio ]