Maryland Injury Attorney Blog

Last fall, we posted a blog article on the U.S. Department of Labor, Bureau of Labor Statistics' (BLS) preliminary results for its 2008 census of fatal occupational injury rates. The BLS recently released its final numbers, which were slightly higher than originally reported based on identification of new cases of work-related injuries and deaths. The final data offer the following insights regarding worker safety in the U.S.:

o A total of 5,214 work fatalities occurred in the U.S. in 2008 -- the lowest number of work-related deaths since the BLS began conducting its census in 1992. This represents a national fatal work injury rate of 3.7 per 100,000 full-time equivalent (FTE) workers.

o Private industry construction accidents causing death have declined (975 deaths in 2008 -- 19% lower than in 2007); and the fatal work injury rate for this sector is down by 10%. However, even with these notable statistical gains -- which translate to lives saved -- construction remains one of the most hazardous forms of work, with a 9.7 fatal work injury rate (per 100,000 FTE workers).

o Fatal work-related highway accidents (including truck accidents) numbered at 1,215 -- 14% lower than in 2007 and the lowest since the census began in '92.

o Work deaths caused by falls amounted to 700 -- 17% lower than in 2007 (though the U.S. Department of Labor is advocating for greater slip, trip and fall prevention in the workplace; look for a future blog article on this issue. Falls from ladders, roofs, scaffolding, and other high elevations are a major cause of brain and spine injury in construction workers).

o One negative note: Workplace suicides were up to 263 cases -- the most ever reported.

Maryland Worker Injury Fatality Rates on the Decline
As fatal occupational injuries have declined across the U.S., Maryland has also seen reductions in work fatalities -- 60 work related deaths occurred in 2008, compared to 82 deaths in 2007 and 105 deaths in 2006. Causes of Maryland work-related deaths include transportation and trucking accidents, falls, contact with objects or equipment, exposure to harmful substances, as well as assaults and other acts of violence.

As an experienced Baltimore, Maryland work accident lawyer, I have worked with individuals and families who have experienced these types of work-related injuries and fatalities. Often people hurt at work are unsure what to do and whether to file a Maryland Workers Compensation claim along with a possible lawsuit. Which is why it's so important to contact an experienced work injury attorney if you're hurt in course of performing your job in Maryland, or if a family member is killed due to a work accident.

For more on this issue, read my blog post on Maryland Workers' Compensation Liens and Construction Accident Injury: "Can I File a Work Comp Claim AND a Third Party Lawsuit?”

Sources:

Revisions to the 2008 Census of Fatal Occupational Injuries (CFOI) Counts (PDF)
U.S. Department of Labor, Bureau of Labor Statistics, April 22, 2010

Census of Fatal Occupational Injuries (Current and Revised data)
U.S. Department of Labor, Bureau of Labor Statistics

Fatal Occupational Injuries in Maryland
U.S. Department of Labor, Bureau of Labor Statistics

Related Web Resources

Maryland Department of Labor, Licensing, and Regulation

U.S. Department of Labor, Bureau of Labor Statistics (homepage)

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Truck Accidents , Workers Compensation

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Construction work in Maryland often involves long hours, hard labor, modest wages, and job security that's entirely dependent on the season, the market, and the employer. As experienced Baltimore, Maryland Construction accident attorneys, we've represented many clients over the years who were injured while performing their construction jobs. One question we get asked all the time is...

"Can I file a claim under Maryland Workers' Compensation and a lawsuit against the at-fault party (or parties) at the same time?"

The answer is YES. However, as with most things legal, there are many factors to consider.

Maryland Workers Compensation Liens Against Third-Party Recovery
Construction accidents in Maryland may frequently involve Workers Compensation claims and liability lawsuits. In Maryland, if you're a construction worker and you get hurt on the business premises, in the course of your employment, while performing your job -- you can pursue a workers comp case. But what if you believe your injury was caused by a third-party's negligence or recklessness -- be it another contractor, a subcontractor, equipment operator, or some other worker or party involved at the construction site?

If you're a worker injured in a Maryland construction accident, you don't have to choose between filing a Md. Workers Compensation claim and suing the responsible parties for what's called a third-party liability claim. You can do both. Remember, however, if you are awarded a third-party recovery in a construction accident lawsuit, the Workers' Compensation carrier is allowed by law to place a lien against that recovery.

For example, a builder we'll call Joe Mason suffers a neck and spine injury when his pickup truck is rear-ended by another vehicle at the construction site. As a result of this construction truck accident, Joe needs money to pay his medical bills, cover his lost wages, and compensate him for his permanent impairment, so he files a Maryland Workers Comp claim. Joe is awarded $120K in permanent partial disability benefits by his employer's workers comp insurance carrier. At this point, Joe's Maryland injury attorney pursues a lawsuit against the other construction vehicle driver, and Joe receives a third-party recovery settlement of $240K. But, as law would have it, Joe isn't allowed to "double dip."

Under Maryland law, the Workers' Compensation carrier is entitled to a lien against any third-party recovery. So Joe might have to pay the Maryland Workers Compensation carrier some of their monetary outlay back. Special emphasis on some. An experienced Maryland injury attorney can, will and should negotiate with the work comp people to get that lien reduced, so injured construction workers like Joe can benefit from as much compensation for their injuries as possible.

Workers' Compensation liens are just one reason why it's so important to work with an experienced Maryland Workers' Comp lawyer if you're hurt while performing your construction job. This is a very complicated area of the law, and one must proceed with extreme caution in handling such claims. It really is a no-brainer. In a situation like this, the best bet is to focus 100% on getting the treatment you need, feeling better and getting back to full capacity, and let the lawyers handle these complex legal issues.

Related Web Resources

Maryland Workers' Compensation Commission

National Institute for Occupational Safety and Health: Construction Safety

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Construction Accidents , Workers Compensation

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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 and can lead to serious personal injury, lifelong medical problems, and even death.

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

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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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During the course of our work as Maryland and Baltimore County injury lawyers over the last two decades and counting, we've met so many nice families and individuals who needed our legal help to get through some very difficult situations. Often it's because they went out one day and through no fault of their own, they got injured -- or killed -- in a traffic accident.

Other times, the cause of their injuries, or even their death, is due to medical malpractice. And in those types of personal injury cases, the cause is often not as clear cut as in auto accident or Maryland work accident cases. It is not always a single event that caused their injuries, disabilities, or wrongful death.

Medical malpractice or negligence often occurs as the result of the poor judgments and/or ill actions of more than one professional, over time, possibly at more than one institution. It can be a complex sequence of events leading up to a patient not being cured or helped, but instead, being permanently harmed. It can involve prescription error, surgical error, misdiagnosis or failure to diagnose, and failure to provide standard levels of care.

Maryland Medical Error and the Law of Contributory Negligence
As we've written about regarding car and truck accidents, Maryland has a contributory negligence law that says if you, the victim, are even a small fraction responsible for the cause of your accident -- your insurance claim can be denied. This also applies to medical malpractice in Maryland.

Say you have bad headaches, but you don't see a doctor for six months. The doctor says, "It's probably nothing" and sends you home with Tylenol. The headaches get worse and you return a month later. The physician delays another couple weeks in ordering you an MRI. Bad news: The test shows you have brain cancer. However, you'd have a hard time meeting your burden of proof simply because you didn't seek treatment in a reasonable timeframe. It doesn't sound fair, but that's the law of contributory negligence in Maryland. In the eyes of the state, you fooled around while Rome was burning.

The best advice: Don't doodle with your health care decisions. And if you think you may have suffered permanent injury due to the actions of medical professionals, consult an experienced Maryland medical malpractice law firm. Here are several important points to remember regarding almost any contemplated malpractice claim:

• Malpractice claims require expert testimony from other medical professionals to prove liability. Without an expert (or frequently several experts), you cannot prove your claim.
• There are also frequently issues of "informed consent" and patients' understanding that all medical procedures involve risk.
• Maryland has a statute of limitations for filing malpractice lawsuits. If you miss the statute, you are forever barred from pursuing your claim.
• An unfavorable outcome isn't necessarily malpractice, as even doctors cannot guarantee results.

The bottom line with any contemplated malpractice claim is that you need to retain legal counsel early in the process, and most certainly before contacting physicians, hospitals, nursing homes and their insurance carriers. Also, find an attorney that you like and can communicate effectively with. It’s going to be a long haul, and you need to be comfortable with your partner in the process.

Related Web Resources

Maryland Board of Physicians

Maryland State Law Library: Going to Court in Maryland

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Automobile Accidents , Medical Malpractice , Workers Compensation

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The Baltimore County City Council passed an act concerning speed cameras designed to thwart motor vehicle accidents and pedestrian accidents that occur in school zones. Bill 61-09 Speed Monitoring Systems, which went into effect Oct. 1, 2009, authorizes county law enforcement, in consult with other agencies, to use and enforce citations issued by speed monitoring systems in school zones.

The bill defines "speed monitoring systems" as "a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit." Drivers will be subject to a $40 fine. An amendment to the bill limits the number of cameras to 15. The one councilor who dissented felt that more police -- not speed cams -- was a better way to address the problem.

In addition to the county bill targeting speeders in school zones, a separate state law now allows speed cameras at work zone sites; two have been placed in Baltimore County -- one on I-695 at Charles Street and another on I-95 between I-895 and White Marsh Blvd.

Baltimore County car accident lawyers may provide legal assistance in cases where serious car crashes, motorcycle accidents, pedestrian accidents, and truck accidents occur due to drivers speeding through school and work zones -- where people on foot are moving in and out of the roadway.

The National Safety Council (NSC) reports that school zones as well as construction work sites are particularly hazardous areas when motor vehicles travel too fast. The Council estimates that every year, some 15,000 people perish and hundreds of thousands suffer personal injuries due to motor vehicles speeding in these high foot-traffic areas. Children getting on and off school buses are especially vulnerable, as are road workers and police who direct traffic at work sites.

Two speed cameras will operate in Baltimore County starting today
ExploreBaltimoreCounty.com Oct. 1, 2009

School speed cameras get Balto. County nod
BaltimoreSun.com Sept. 9, 2009

Related Web Resources

COUNTY COUNCIL OF BALTIMORE COUNTY, MARYLAND
Legislative Session 2009, Legislative Day No. 13
Bill No. 61-09 (PDF file)

Safe Speed - Automated Enforcement Program
Baltimore County, Maryland

Baltimore County Police Department: Speed Cameras

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Automobile Accidents , Construction Accidents , Motorcycle Accidents , Pedestrian Accidents , Premises Liability , Truck Accidents , Workers Compensation

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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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Last month, we blogged about why employers sometimes discourage injured workers from filing a Workers' Compensation claim in Maryland (see "The Top 3 Reasons Employers Tell Injured Workers Not to File -- And Why You Shouldn't Listen to Them," June 8, 2009). Now, let's look at why documenting your injury and seeking immediate medical attention -- coupled with consulting an experienced attorney who knows the system -- is so important to your future well-being.

"Causal Connection" and the Maryland Workers Comp Two-Year Limitation
If you're hurt at work, the good news is you have two years to file a Work Comp case in Maryland. However filing and winning are two different things. Let's say you bang your knee at work, it swells up, and you go to the emergency room. Your employer says, "Oh God, don't file a work comp claim, I'll pay your medical bills and give you some time off." Doesn't sound like a bad offer at the time, and you accept.

A year later, you're at a different job and that bad knee starts acting up again. Now your doctor says you need surgery to repair the damage. Here's the rub: Because you didn't document your injury, receive diagnostic studies and follow-up care, and you did not file a work comp case when you originally got hurt, you can't link the problem you're having now to your original injury. You need "causal connection" to have a legitimate workers' comp case in Maryland.

It's like everything else in life. If you buy a bad jar of mayonnaise at the grocery store and you get sick, you need a receipt to prove where you got it. Medical records are the same way. If you hurt your knee (or anything else) at work, it's not enough to put a cold compress on it and hope it feels better in the morning. Filing a work comp claim goes hand-in-hand with getting medical treatment and consulting a qualified Maryland workers compensation lawyer. If you're hurt at work...

1. Document your injury
2. Get medical treatment: Listen to your doctor, and follow recommendations regarding follow-up care
3. Consult an attorney to file a Maryland workers' compensation claim

If you're done everything right, your employer where you originally got hurt is legally responsible for your workers comp claim forever. Even if you have a problem 10 or 20 years down the road, if you have the medical documentation and a workers comp claim number to prove it -- and your current doctor will attest that your problem isn't something new but a progression of your old work injury -- you are covered. You'll have the legal proof you need to ensure if your knee kicks up again, your medical expenses are covered by Workers' Compensation in the State of Maryland.

Related Web Resources

Maryland Workers' Compensation Commission (WCC) homepage

Maryland WCC: Questions & Answers for Employees

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Workers Compensation

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State and city officials are looking at ways to curb Baltimore, Maryland car accidents caused by speeding. In May, Maryland legislators passed a law which allows speed cameras to be posted within one half mile of schools and construction sites. Now the Baltimore City Council has voted an initial thumbs-up to installing speed cameras in those vulnerable places. If the measure passes, the speed cameras could start going up around Baltimore construction sites and schools by October.

Maryland law requires that signs be posted alerting motorists that the speed cameras are in use. Speed cameras snap photos of license plates of motorists going more than 12 miles per hour above the posted speed limit. A $40 ticket would then be sent to the address connected to the vehicle's license plate registration. The hope is the cameras will deter speeding drivers, who can cause fatal Maryland traffic and pedestrian accidents.

Baltimore and Maryland Speeding Fatalities
According to the U.S. Dept. of Transportation, 216 speeding-related fatalities occurred in Maryland in 2007. There were 47 Baltimore city traffic deaths that same year, and 72 traffic fatalities for all of Baltimore County. (Source: Traffic Safety Facts Maryland, 2003-2007, NHTSA)

A Maryland accident attorney may assist families in car, truck, and motorcycle accident cases where personal injury or death may have occurred due to someone else's reckless or impaired driving. In 2008, the National Safety Council (NSC) announced that it endorses automated enforcement measures to reduce traffic accidents nationwide, including the use of red-light cameras and speed cameras.

The NSC reports that school zones, construction work sites, and railroad crossings are particularly vulnerable when motorists run through red lights and exceed the speed limit. The safety advocacy group estimates that 15,000 people die every year and hundreds of thousands suffer personal injury due to motor vehicles speeding in these areas. The National Highway Traffic Safety Administration wants to raise awareness of speeding as a public safety issue. Many motorists who believe "everyone speeds" don't think they will get a traffic citation if they're only driving 5 or 10 MPH above the posted speed limit.

Baltimore speed-camera measure advances
BaltimoreSun.com July 8, 2009

Speed Cameras' Image Enhanced
Senate Revives Bill to Allow Use of Technology Beyond Montgomery
The Washington Post, April 3, 2009

Related Web Resources

NHTSA: National Forum on Speeding

Wikipedia: Traffic enforcement camera

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Automobile Accidents , Construction Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents , Workers Compensation , Wrongful Death

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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, to avoid serious and possibly fatal Maryland construction accidents. 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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The laws and regulations governing Maryland Workers Comp cases are in place to protect people who are injured at work or in the course of doing their jobs. But what happens if you're employed as an "independent contractor," as are so many plumbers, electricians, carpenters, painters, and other trades people in the construction industry, where serious and fatal accidents can and do happen?

Do you have the same rights to Maryland Workers Compensation benefits if you're injured on the job in Maryland? A bill before Maryland lawmakers is tackling the issue of independent contractors' rights. As the law stands now, employers who classify workers as "independent contractors" are exempt from paying Social Security and Medicare taxes, unemployment insurance, and workers' compensation premiums. So if you're injured on the job and you're classified as an independent contractor -- you're on your own.

According to a report in The Washington Post, state officials believe as many as 20 percent of Maryland's blue-collar workers are wrongly classified as independent contractors. The Maryland Governor is calling on the General Assembly to make it illegal for employers to misclassify workers as independent contractors. Building industry representatives object to the proposed law, which would fine business owners $5,000 for each worker they knowingly misclassified. Repeat offenders would receive additional fines and could be debarred and put out of business.

Aside from the steep fines and penalties, employer objections to the proposed Maryland bill stem from the cost of providing benefits to workers in a recessive housing and building market, where competition to win jobs with the lowest possible bid is fierce. The Post reported that employers who pay workers as independent contractors save up to 30 percent in payroll costs.

If it passes, the Maryland State Labor Commission would enforce the law. An experienced Maryland Workers Compensation attorney can help determine who is responsible if a contractor or subcontractor is hurt in the course of doing their job.

Labor Proposal Targets Builders: Low-Wage Workers' Treatment a Worry
The Washington Post Feb. 9, 2009

Related Web Resources

Maryland Workers' Compensation Commission

Maryland Department of Labor, Licensing & Regulation

Posted by Jeff Butschky | Permalink | Email This Post

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

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Police in Montgomery County, Maryland are investigating a recycling truck accident that resulted in the horrible death of a Rockville man. The fatal work accident occurred in the Aspen Hill, Maryland area on Nov. 12, 2008 during a morning recycling truck run.

Juan Antonio Rosales-Lopez, 26, of Rockville, Maryland, was working for the Potomac Disposal Company collecting paper for a recycling truck compactor. According to the truck driver, this terrible work accident occurred when Rosales-Lopez reached into the truck to clear the chute and was accidentally pulled into the compacting machinery. The driver says he tried to free Rosales-Lopez but was unsuccessful.

In addition to the Montgomery County Police investigation, officials from the Maryland Occupational Safety and Health Act were called in to determine potential liability in this fatal work-related truck accident.

Maryland employers are regulated by state and federal law to meet safety standards to protect the health and well-being of all of the people who work for them. Mr. Rosales-Lopez was only doing his job on the recycling truck -- a job that most of us would be hard-pressed to handle given the hard physical labor and early morning hours. Something obviously went very wrong, very quickly.

As a personal injury attorney who's advocated for people and families hurt and killed in car accidents, truck accidents, and work accidents in Maryland for decades, I've seen and heard a lot of sad stories. This one is particularly unfortunate, as a young man lost his life while doing hard work in a sanitation job that many people would never apply to do. It makes me wonder if this tragic accident could have been prevented.

Recycling Truck Worker Dies While Collecting Paper The Associated Press, Examiner.com, Nov. 12, 2008

Related Web Resource

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

Posted by Jeff Butschky | Permalink | Email This Post

Posted In: Truck Accidents , Workers Compensation , Wrongful Death

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