Workers' compensation law can be very treacherous. You are wise to seek an attorney with many years of experience to represent your claim. I say this not only because of the intricacy of the substantive law and procedure, but also because the employers and the insurance companies are highly motivated to undermine the injured employee's entitlement to benefits. It is common place for investigators to follow the injured employee filming their every move. Doctors, paid for the insurance company, will say just about anything. It's just a fact of life in workers' compensation. You can traverse the land mines but it takes experience, patience and persistence. 

QUALIFYING FOR BENEFITS

To be eligible for worker's compensation benefits you must prove that you either suffered an unintended injury arising out of and in the course of your employment or you have suffered from an occupational disease which has caused your injury.

THE BENEFITS

Once you have over come the initial burden of proving entitlement to benefits (i.e.: unintended injury arising out of and in the course of employment or occupational disease) you are now eligible for the following benefits:

        (1). 2/3 of the average weekly wage paid to you during the period of your recuperation; Note that the average weekly wages (AWW) is based upon the average 13 week earnings for  the 13 weeks immediately prior to the injury.. Additionally, note that the AWW is not taxable income.

        (2). Payment of the medical care cost incurred in your treatment;

       (3). Where warranted vocational rehabilitation services including job placement or retraining; Vocational Rehabilitation typically occurs in the following order: Placement with your current employer in a suitable position consistent with the physical limitations; or placement out side your current employment , again in a suitable position consistent with the physical limitations; or retraining in the even there was no suitable gainful employment to be found with either your present employer or any outside employer. During the period of placement or retraining the injured employee continues to receive loss wage payments. These payments will continue until the injured employee is placed in suitable gainful employment.

        (4). Permanency award to compensate the industrial loss of use of your body. Permanency can be either Permanent Partial or Permanent Total. The percentage of the permanency is based upon a physical examination where the independent medical examiner (IME doctor) utilizes the American Medical Association Guide to determining permanency, as well as additional factors specific to Maryland Law for determining permanency. Based upon the medical opinion and the testimony of the injured employee a Workers' Compensation Commissioner will determine the percentage of disability and award a permanency disability rating. The rating is based upon the industrial loss of use of the body. This is an important distinction. Workers' Compensation Law does not compensate for pain and suffering. You are compensated fort he industrial loss of use of your body. As such testimony at the Workers' Compensation Commission properly should  include evidence of the affect of the injury on the injured employee's ability to perform at their current job.