Maryland Injury Attorney Blog

The Brain Injury Association of America announces that March is Brain Injury Awareness Month. The group hopes to raise awareness of the seriousness of head injuries and traumatic brain injury (TBI) -- particularly in regards to school sports injuries. The group's website offers resources about head injury, fall and accident prevention, and brain physiology, explaining that the brain can be injured even if the head isn't struck (such as in a whiplash car accident, where the neck and head are jarred violently).

The Brain Injury Association of America has a Maryland office and plans to hold an educational conference in Towson, Maryland, in April.

As Baltimore County, Maryland injury lawyers know from experience with client families, debilitating and deadly brain injuries can result from a number of scenarios, including car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. The Centers for Disease Control and Prevention (CDC) estimates that an astonishing 1.4 million people suffer a TBI in the U.S. every year, with some 235,000 people requiring hospitalization and 50,000 dying from their traumatic brain injuries. Primary causes:

o Motor vehicle crashes cause 20% percent of traumatic brain injuries,
o Falls cause 28% (always a concern for the elderly, including those in nursing homes),
o Being struck by something/striking against something causes 19%, and
o Assaults cause 11% of traumatic brain injuries.
o Other causes: Suicide (1%), other transport (2%), pedal cycle (3%), other (7%), unknown (9%).

(Source: CDC, National Center for Injury Prevention and Control, "What is traumatic brain injury?," TBI Causes, collected online March 4, 2010.)

Maryland injury and wrongful death attorneys are, unfortunately, all too aware of circumstances where medical negligence results in a failure to properly and promptly diagnose and treat a traumatic brain injury in time to prevent permanent brain damage or death. Seconds count with these most serious of medical emergencies.

The news media has paid increased attention to the subject of brain injuries since the death of actress Natasha Richardson in 2009, following what at first seemed to be a mild fall on a beginner ski slope. Like many traumatic brain injury victims, Richardson was initially able to speak and appeared to be relatively uninjured. However she complained of a headache and fell unconscious hours later. She died due to an epidural hematoma -- bleeding inside the brain which can build up pressure and cause the brain to shift, cutting off the blood supply and causing death.

Brain Injury Association of America

Maryland Brain Injury Association

CDC: Traumatic Brain Injury

WebMD: Natasha Richardson Dies of Epidural Hematoma
WebMD Health News, March 19, 2009

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Automobile Accidents , Brain and Spine Injury , Construction Accidents , Drunk Driving Accidents , Medical Malpractice , Motorcycle Accidents , Nursing Home Abuse , Pedestrian Accidents , Truck Accidents , Wrongful Death

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A career site's list of the best and worst jobs for 2010 reveals something Baltimore County work accident attorneys have known right along: The physically most demanding jobs are also the most dangerous.

Recognizing the risk to life and limb when construction accidents occur, job search site CareerCast.com ranked construction as the no. 8 worst job to pursue this year. The no. 1 worst job was "roustabout," which includes oil rig and pipeline workers, followed by lumber jack and iron worker. The site considered the following factors while conducting research to rank the jobs: Environment, Income, Outlook, Stress and Physical Demands.

Construction Worker made the list due to the physical demands, higher rates of injury, and low median income, though the hiring outlook is "moderate." And Maryland, while our stevedores (dock workers) weren't in the bottom 10 jobs, they weren't far behind -- stevedores ranked 185 out of 200 jobs analyzed, with a hiring outlook of "poor" (besides the challenging work conditions if you can get a job as a dock worker on the Baltimore and Maryland waterfront).

Maryland Workers Comp lawyers know that the most dangerous jobs are also often the least secure -- particularly when workers are injured and unable to support themselves and their families. The Maryland Workers' Compensation insurance system doesn't make it easy for injured workers to file claims. It's a long process, with many places where hurt workers who are inexperienced with the complexities of the insurance system can easily get tripped up and derailed.

That's why we always recommend injured workers of all professions -- construction workers and dock workers, as well as people who work in offices and other environments -- always talk to an experienced Md Work Comp attorney before trying to file a claim on their own.

Oh, and be nice to your taxi driver, mail carrier, and meter reader. Their jobs also ranked in the list's bottom 10.

The Best And Worst Jobs For 2010
Forbes.com Jan. 8, 2010

Related Web Resources

CareerCast.com:

The 10 Worst Jobs of 2010

How We Determined the Top 200 Jobs of 2010

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation , Wrongful Death

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What would you guess are among the most dangerous jobs in Maryland? Construction? Roofing? Electrical work? You'd be right on all those counts, but some of the top causes of fatal occupational injuries in Maryland may come as somewhat of a surprise. According to the U.S. Dept. of Labor, Bureau of Labor Statistics (BLS), of the 59 people who lost their lives due to work-related accidents in Maryland in 2008...

> Transportation accidents (which include air, rail, highway transportation including freight trucking accidents, nonhighway transportation, and being struck and killed by a vehicle, e.g., construction site worker pedestrian accidents) accounted for 17 deaths;

> 9 fatalities resulted from Assaults and Violent Acts (including self-inflicted injury);

> 12 were victims of Falls;

> 10 died due to Contact with Objects or Equipment;

> and another 10 perished due to Exposure to Harmful Substances.

Maryland Occupational Injury Death Rates Decline
The good news from the Bureau of Labor Statistics is fatal occupational injuries are down across the United States, including significant reductions in Maryland (59 work related deaths occurred in 2008, compared to 82 deaths in 2007 and 105 deaths in 2006).

Total U.S. workplace deaths in 2008 amounted to 5,071 -- down from 5,657 in 2007. Deaths from falls -- a major hazard for construction workers -- were down, as were fatal transportation accidents. Workplace homicides declined, but sadly, workplace suicides went up in 2008. The BLS reports all these numbers are preliminary, and final figures will be made available in April 2010.

As Maryland Work Injury Lawyers, we have seen all these types of work-related injuries and fatalities. Many families are unaware that they may be entitled to Maryland Workers' Compensation benefits even after their family member has died. That is why it is so important to contact an experienced Md workers' compensation attorney to find out what benefits you may be entitled to -- before accepting an offer from the employer or speaking to their attorney or insurance company representative.

NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2008
United States Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Maryland Division of Labor and Industry
Fatal occupational injuries by industry and event or exposure, Maryland, 2006 (XLS doc)

Related Web Resources

Maryland Division of Labor and Industry Research and Statistics
Maryland Occupational Safety and Health (MOSH)

Bureau of Labor Statistics, State Occupational Injuries, Illnesses, and Fatalities

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Automobile Accidents , Construction Accidents , Premises Liability , Truck Accidents , Workers Compensation , Wrongful Death

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People get hurt at work in the course of performing their jobs, whether it's unloading cargo on the docks at the Port of Baltimore, working on a factory floor, or performing white collar jobs in downtown Baltimore office buildings. As Maryland Workers Comp lawyers who've served the people of Baltimore County and neighboring communities for decades, we've seen a wide spectrum of work-injury cases as a result of everything from heavy lifting to heavy typing.

Fact of the matter is, while certain occupations -- construction, for example -- are more hazardous than others, you don't have to fall off scaffolding or have an accident as such to suffer injury as a result of your work. We can break down types of work related injuries into two broad categories: Accidents and Occupational Disease. We've discussed what to do if you are injured in an accident at work (see our Workers Compensation webpage for more, as well as our Work Comp blog archive). Let's discuss occupational disease here.

Maryland Law & Occupational Disease / Work Related Injuries
The Maryland statute defines "occupational disease" as an "injurious exposure" that occurs in the course of a person's work. Carpal tunnel syndrome -- which has afflicted so many of today's professionals, from secretaries to computer programmers to people who simply need to type a lot as part of their jobs -- is the most well-known type of occupational disease. Other examples include respiratory damage from prolonged chemical exposure or neck/arm/hand problems from operating heavy machinery that causes vibrations, such as a jack hammer -- that can be directly linked by a doctor to the person's work.

A doctor's written testimony is essential to file a successful Workers Comp claim in the State of Maryland. As with accidental injuries that occur on the job, a claim of occupational disease requires undeniable medical proof. A doctor needs to put in writing that Suzy Jones's carpal tunnel syndrome is a direct result of her typing 40 hours a week on a flimsy keyboard for XYZ Corporation. The insurance companies may try to put the blame on some other activity, such as lifting up a small child, knitting, or playing tennis (all of which can cause carpal tunnel syndrome).

This is why it is so important, if you feel you've been hurt at work, to contact a qualified, experienced Maryland Workers' Compensation attorney right away. Getting hurt on the job is bad, but getting turned down for a claim due to inadequate reporting and documentation -- and lack of medical proof -- is even more painful.

Related Web Resources

NIOSH: Ergonomics and Musculoskeletal Disorders

OSHA Safety and Health Topics: Ergonomics

Maryland Workers' Compensation Commission

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation

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In our work as Maryland Workers Comp attorneys, we hear this all the time: People who are hurt on the job will say, "My employer said that I don't need to file for workers' compensation because we have disability insurance." Or, "They said they would pay me under the table while I take time off to recuperate." Or, "They said they would continue to pay me legitimately (i.e., on the books) while I'm off."

Those are the BIG 3 EXCUSES we hear employers using to discourage injured workers from filing Maryland Workers Comp cases. What happens in those scenarios, inevitably, is the employee gets paid for the time that they're off, but they really get shorted on the two most important things:

1. They don't get compensated for any permanent physical problems they're having.

2. Since they haven't filed a claim, if they have trouble down the road and they need surgery or additional treatment -- they’re likely to be completely out of luck. Because at that point, the employer will never pay for the expense of surgery and follow up treatment and medications, which could be $50,000 or more. Even worse, they may have missed the two (2) year Statute of Limitations, in which case they are in real trouble.

This is something we feel strongly that Maryland injury lawyers need to relay to people:

The real reason you file a work comp case isn't to get paid in the short run, it's to protect yourself in the long run.

Especially nowadays.

Why Workers Comp in Maryland Protects Injured Employees
Back in the day, our parents and grandparents tended to work for the same employer or just a handful of employers for their entire careers. Say you worked for a company and you knew the president, "Old Man Jenkins," since you were a little boy, and he coached you in Little League. You knew that if you were hurt in his shop, he would protect you, even if 10 years later that injury acted up again.

But it's not like that now. People change jobs yearly. And if you're injured at work and you haven't filed a claim and documented it, a doctor cannot make a "causal connection" if your injury flares up in the future and you need surgery or treatment. You're going to lose that work comp case if you've sat on your rights, because there's no way on earth you can link a current problem to a past work injury without proper medical and legal documentation.

In Maryland, you have two years to file a work comp case. Filing and winning are totally different things. Employees who report their injuries right away and document them, and who seek legal counsel from a qualified Workers Comp attorney, are the ones who fare best in the Maryland state system. Don't be afraid of offending or inconveniencing your employer. Your rights come first.

Related Web Resources

Maryland Workers' Compensation Commission

Maryland Occupational Safety and Health (MOSH)

Occupational Safety and Health Administration (OSHA)

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation

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With the goal of reducing Md. construction injuries and deaths, the state has added teeth to what are already among the strictest crane regulations in the country.

New regulations went into effect for Maryland earlier this month following several serious construction crane incidents, such as a fatal Anne Arundel County accident that occurred in April 2008. According to a Baltimore news report, workers in Annapolis Towne Centre were dismantling an end section of a crane when an accident occurred, crushing a construction worker between two sections of the crane 200 feet up. Another worker was injured.

The new regulations will require all construction workers operating cranes as well as those who load and signal them to receive intensive training on the equipment. Employers are now required to carry out daily inspections and to keep training records. Maryland Labor and Industry Commissioner Ronald Julius told a local news outlet that state inspectors will be checking on projects where construction cranes are in use.

A Maryland workers compensation lawyer helps workers who've been injured on the job and their families determine whether the accident occurred due to negligence on the part of the employer. Construction is an industry fraught with hazards: Of all industry sectors, construction jobs rank with the most work-related deaths. According to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), one of every five work-related deaths occurs in construction.

Maryland Construction Worker Deaths and Crane Accidents
NIOSH (The National Institute for Occupational Safety and Health) reports that while construction employs about 6% of the country's workforce, the industry comprises 20% of work-related fatalities. In 2006, the Maryland Occupational Safety and Health (MOSH) department reported 34 deaths in the Maryland construction industry. Federal and state regulations are put in place to keep these hard workers safe on the job. We hope the new Maryland crane regulations will do just that.

Stricter Crane Regulations In Effect
WJZ.com April 7, 2009

Related Web Resources

Maryland Crane Safety Regulations

Maryland Occupational Safety and Health (MOSH)

OSHA: Crane, Derrick, and Hoist Safety

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation , Wrongful Death

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Earlier this month, I talked about how the Maryland Workers Comp system is tilted in the employer's favor, and how important it is for injured workers to take charge of their situations right away. (See "Maryland Personal Injury Lawyer on Maryland Workers Compensation System," March 18, 2009, below.)

My partner and I have handled personal injury cases for injured workers in Maryland for more than two decades. We've seen all kinds of work comp cases, from people who throw their backs out lifting something heavy, to typists who develop carpal tunnel syndrome, to a client who got bit by a mosquito and contracted malaria while on a sales call to a foreign country. We've seen industrial accidents resulting in burns and other serious injuries, and people who suffer shock and psychiatric problems as the result of a traumatic event at work, like a robbery.

Advice for Injured Workers in Maryland
Our experience has literally covered the entire range of possible problems that can occur at work and cause injury. Here are a few tips on what to do right away if you suffer a personal injury at work in Maryland.

1. Report the Injury to Your Supervisor Immediately
Let's say you wrench your back lifting a box at work. TELL YOUR SUPERVISOR IMMEDIATELY that you think you may have injured yourself -- whether you're sure you're hurt or not. You don't have to put it in writing to them or put on a show by flopping around on the floor. Just tell your supervisor. Don't leave the premises to take a break at McDonald's or to try to walk it off. Tell him or her right away.

By law in Maryland, if you tell your boss you think you've been hurt at work, she has to file an "Employer's First Report of Injury" form with the Maryland Workers' Compensation Commission -- written documentation that can save your bacon down the road if the insurance company starts to question whether or not your herniated disc was caused by a work injury. If you wait to report your injury, the workers comp insurance carrier could say your injury happened someplace else besides at work. Then you're in for an uphill battle.

2. Record the Details Surrounding Your Injury
If you are physically able, write down the circumstances of your injury -- what you were doing, the environment (including lighting, the condition of the floor and workspace), the equipment you were using -- anything that might come into play if your claim is questioned. Don't let loyalty to your employer prevent you from protecting your own health and well-being. What a lot of people don't understand is you may have the nicest employer in the world. But when you're filing a Workers Comp claim in Maryland, you're dealing with insurance companies, not your employer.

Related Web Resources

Maryland Workers' Compensation Commission

Maryland Occupational Safety and Health (MOSH)

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation , Wrongful Death

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Unlike a lot of states, the Maryland Workers' Compensation system is very adversarial. In some states, the hurdle injured workers have to get over to receive compensation is ridiculously low. They basically just need to prove that they were hurt at work -- or anything remotely close to work. If they were injured driving to or home from work, they're covered. Even if they were goofing around and got hurt at work, they're covered. In Maryland, it's different.

Maryland is an “at will” employment state, meaning you can be fired at will by your employer, providing they're not violating any Federal laws against discrimination for age, gender, race, etc. The playing field is not level -- it's tilted in the employer's favor. And that goes for the Maryland Workers Comp system, too.

The bright spot is if you're injured on the job in Maryland, your employer is required by law to carry workers' compensation insurance. Even if they don't have it -- which I've seen a dozen times or so in 20 years of helping injured workers in Maryland -- the Uninsured Employers' Fund will step in and pay. So the good news is if you're hurt at work in Maryland and if you have a compensable claim, your employer has insurance to cover it.

The first high hurdle that you have to face is proving you have a compensable claim.

Hurt at Work in Maryland? Don't Wait to Seek a Lawyer's Advice
An experienced Maryland Workers Comp attorney helps people who are hurt in the line of their work navigate the insurance claims process and receive compensation for their injuries. If you are hurt at work, don’t be shy and don’t feel guilty or bad about it. Call a lawyer and say, “Listen, I’m not even sure that I’m looking at filing a work comp case, but here's what happened. What should I do?” It's important that you at least know where you stand, and exactly what rights you do (and do not) have. Because if you don’t, trust me--the employer is already doing things that they have to do by law that sets a sequence of events into motion that puts you at a disadvantage. It’s a lot like being in a foot race, and allowing your opponent to start ahead of you. Not good.

What you do in the first couple days of getting hurt at work in Maryland will determine whether you are going to have a successful case or not. Please visit my blog again for more on the Maryland Workers' Compensation system and what to do if you are hurt on the job in Maryland.

Related Web Resources

Maryland Workers' Compensation Commission

Maryland Occupational Safety and Health (MOSH)

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Premises Liability , Workers Compensation , Wrongful Death

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