when to hire a workers' compensation lawyer in MarylandWorkers’ comp insurance provides no-fault coverage for Maryland employees who suffer work-related injuries and illnesses. If you’re hurt in the course of doing your job in Maryland, you may need an experienced workers' compensation lawyer to file a claim for your medical expenses and two-thirds of your lost wages.

Nearly every Maryland company with one or more employees is required by law to carry workers’ comp insurance. You don’t have to prove that your employer did anything wrong to cause your injury, and your employer may not retaliate against you for filing. Your company must keep you on as an employee until you reach maximum medical improvement (MMI) and then make every effort to give you back your old job or one that accommodates your medical restrictions.

When You Need a Workers' Compensation Lawyer in Maryland

Not every workers’ comp claim requires the help of an attorney. If your injury is minor and your medical bills low, you miss little or no time from work, you’re not disabled, and your employer does not dispute your claim, you might be able to seek benefits on your own as long as you meet all deadlines and follow all procedural requirements.

If, however, your injuries are serious and your medical bills high, your employer’s insurer might try to dispute or devalue your claim to save money for the company. In such a case, you’re more likely to get fair benefits with the help of a workers’ compensation lawyer in Maryland than without one. While you might hesitate to retain an attorney because you fear paying an up-front retainer and high legal fees, you don’t need to worry. In Maryland, your workers' comp attorney will take your case on a contingency-fee basis. This means:

  • You pay no money up front.
  • You’ll pay your attorney a percentage of your award only if you win your case and collect benefits.
  • Your attorney fee will not be the 33-40% taken by the lawyer in most personal injury cases.
  • Maryland law sets caps on workers’ comp attorney fees at a maximum of approximately 20%, and the percentage actually decreases as the size of your award increases.

For these reasons, not having an experienced workers' compensation lawyer in Maryland for an expensive claim could mean receiving less than the amount of benefits you need and deserve. Even after paying a 20% contingency fee to your attorney, you’re likely to have a better settlement than you’d get without representation. 

Maryland Workers' Comp Attorney Fees

When you reach MMI, your doctor will give you a disability rating if you still can’t perform your previous job. If you’re temporarily disabled (totally or partially), your workers' comp attorney cannot collect any attorney fees from your award unless your disability is disputed by your employer’s insurer. In that case, you’ll need the help of an experienced workers' compensation lawyer in Maryland to prove your disability claim. When you prevail and receive your settlement, your attorney is entitled to:

  • Up to 20% of your weekly benefit amount due for up to 75 weeks
  • Up to 15% of the amount due for the next 120 weeks
  • Up to 10% of the amount due in excess of 195 weeks

If you should lose your vision or have a limb amputated, your lawyer may take a fee of up to 5% of the total compensation awarded, which may not be more than six times the state average weekly wage (SAWW) for the year in which you were injured.

If the Maryland Workers’ Compensation Commission (WCC) deems that you are permanently disabled (totally or partially), your total attorney fees may not be more than 20 times the SAWW for the year of your injury. This cap is reduced to no more than 13 times the SAWW if:

  • Your employer’s insurance company does not contest your permanent total disability
  • You’ve lost two or more body parts

Typically, the most Maryland law allows your attorney to collect on the basis of your disability is approximately 20% with a cap of approximately $20,000 (which changes slightly from year to year). Attorney fees for helping you recover lost wages may not exceed 10 percent.

Have You Suffered a Work-Related Injury or Illness? Contact Our Proven Workers' Compensation Lawyer in Maryland

An experienced workers’ compensation lawyer in Maryland can help you get a better settlement than you’re likely to get on your own, so your legal representation should more than pay for itself. Please contact us online, start a chat, or call us to schedule a free consultation with our Maryland workers' comp attorney in Frederick or Hagerstown. You pay no attorney fees unless we win your case.


Be the first to comment!
Post a Comment