201 International Circle, Suite 200, Hunt Valley, MD 21030 833-601-FIRE (3473) info@darby-lawgroup.com

Practice areas - Darby law group

Maryland Workers Protection

Workers’ Compensation benefits protects the workers and their employers. MD State law dictates that employers must purchase workers’ compensation insurance policies for their businesses. When an employee suffers an injury on the job, the workers’ compensation insurance policy will provide coverage for certain costs and provide benefits to the injured employee. This system helps to ensure that workers are not injured and unable to support themselves and their families because of something that took place on the job. You will receive the compensation you are eligible for so you can focus on recovering from your injury.

For employers, the policies provide protection for them so that they do not have to take on the costs of litigation.

If you are injured at work, having a Maryland workers’ compensation attorney will help you to navigate and understand the process and ensure that you are treated fairly and get the help and benefits that you are entitled to receive. 

An Injury - The Fault of the Employer, or Fault of the Employee

One of the major highlights in MD workers’ compensation policies is that they cover the damages resulting from injuries that an employee suffers on the job regardless of fault. The no-fault system ensures that workers will be covered even if the employee caused his or her injury. There are restrictions on injury coverage, such as when an employee was under the influence of drugs or alcohol, or the injury was intentional.

Without workers’ compensation, employees injured at work would have to resort to filing lawsuits against their employer. A lawsuit would require that workers prove that the employer was at fault and had caused the injury.

Workers' Compensation and What it Covers

Workers’ compensation covers many costs associated with work-related injuries, such as medical bills, lost wages, mileage reimbursement, and certain other expenses. Adjusters will calculate the actual payments and off work benefits and remit the payments. 

In the event of a fatality on the job, workers’ compensation will cover death benefits which go to the family of the worker if dependency is proven.

While the benefit of worker compensation is that payments are guaranteed, the payout is much lower and typically not as high as it could be in a lawsuit. Workers’ compensation does not provide any compensation for pain and suffering, so payouts for workers’ comp are often less than they can be in personal injury lawsuits. Of course, in a personal injury lawsuit, the injured individual must prove a case of negligence, so there is no guarantee of any payout at all. Also in a typical personal injury lawsuit, the injured worker will claim damages for pain and suffering.

Maryland Personal Injury Attorney

There are many personal injury claims that arise out of different circumstances. The main purpose of personal injury law is to make an injured person whole. When a person is wrongfully injured or injured by another party, they must seek medical treatment, recoup lost time from work, and be compensated for their pain and suffering. The money paid to the injured person should be the amount of his or her loss: the amount of the medical bills, the amount of the lost wages, the value of any property damages, and a monetary amount equivalent to his or her physical and emotional pain suffered.

Courts Determination of Fault in Car Crash Cases?

Normally, in the early chaos that follows a crash, people’s actions could come back to hurt them later. For example, some may interpret an apology as an admission of fault. It is important to note that people are often not thinking clearly right after something as traumatic as a car crash. The fault could be more complicated than it appears to the disoriented victims in the moments after impact.

Maryland follows the rule of “contributory negligence.” Under this rule, if a person is even partially responsible for their injuries, then he or she will not be able to recover from another person. This is true even if that other individual was more at fault. Most states have a different system called “comparative negligence,” in which courts assign percentages of fault. Some people feel that Maryland’s system is unfair to those who suffer injuries in crashes. Still, it is important to note that courts will find that the victim was not contributorily negligent in many cases. Never make an assumption or an opinion that you were at fault or take the insurance company’s word for it. Instead. seek out advice from an experienced Maryland car accident lawyer to discuss your legal options.

What can an Injured Party Recover in a Case Against an at-Fault Driver?

If another driver injures you in a crash, you could recover compensation for your injuries and losses. “Damages” refers to the financial recovery available to those who are injured by another person’s negligence. Economic damages and non-economic damages are the two broad categories of damages available to the injured person.

Economic damages – covers the costs incurred by the injured person as a result of the accident. For example, you can recover the cost of replacing your car, medical expenses, and the wages you lost if your injuries prevented you from working. It is possible to calculate and assign a dollar amount for these damages based on receipts and bills. You can also claim future anticipated expenses as part of your economic damages.

Non-economic damages – covers abstract losses and are more difficult to calculate. For example, you can recover for the pain and suffering caused by the crash and emotional stress. The injured person’s spouse can also claim loss of consortium resulting from the collision if their marital relationship suffered because of the injuries to the victim. 

Non-economic damages are typically larger than economic damages and can be significantly more than the victim’s actual monetary loss.

There is a limit on what you can recover in Maryland, but that limit changes every year.

How Long Do I Have to File My Claim in Maryland?

After a car accident, you should contact an experienced Maryland Auto Accident/Personal Injury attorney as soon as possible. Typically, insurance adjusters will start calling soon after the collision and may pressure you to accept a low-ball offer. Speaking to these individuals is not in your best interest. Once you hire an attorney, that person becomes your advocate and your representative, and you will not have to speak with an adjuster without the guidance of your experienced attorney.

While Maryland law will allow you to file your claim up to three years after an accident, procrastinating is not wise. The more time you have on your side, the better chance you will have to negotiate a settlement. If you think a deadline could be approaching, you should contact an attorney right away.


Workers' Compensation Occupational Diseases

Every injured worker is eligible for workers’ compensation benefits. Unfortunately, there are numerous factual and legal issues that are likely to arise in any workers’ compensation claim. Our experienced team at the Darby Law Group will guide you through the process. We provide sound advice based upon our years of experience and aggressive representation before the Workers’ Compensation Commission, trials in the Circuit Courts, and if necessary, the highest appellate Courts in the State

Our Clients Include:

Public Safety Employees

– Firefighters
– EMT’s
– Paramedics
– Law Enforcement Officers
– Correctional Officers 

Non-Public Safety Employees 

– Teachers/Professors
– Transportation/Bus Operators
– Drivers/Tractor Trailer/Truck
– Grocery Store Attendants/Overnight Associates
– Construction Workers
– Warehouse Workers


Workers’ compensation Occupational Diseases

Occupation diseases are conditions caused over time by work-place activities and exposures. These challenging claims require our experienced legal team. Our team at the Darby Law Group has successfully litigated all types of occupational disease claims and have developed a specialized knowledge of the medical and legal issues involved.

Types of Occupational Diseases:

Public Safety Employees

– Hearing Loss and Tinnitus
– Repetitive Trauma Cases – (knees, shoulders, back, carpal tunnel, etc.)
– Cancers – (lung, prostate, colorectal, brain, breast, testicular, multiple myeloma, rectal, throat, non-hodgkins lymphoma, leukemia)
– Heart and Hypertension
– Post-Traumatic Stress Disorder (PTSD)

Non-Public Safety Employees

– Hearing Loss and Tinnitus
– Repetitive Trauma Cases – (knees, shoulders, back, carpal tunnel, etc.)


Personal Injury Claims

Personal injury claims most commonly arise out of:

– Car Accidents
– Bicycle Accidents
– Motorcycle Accidents 
– Drunk Driving Accidents 
– Pedestrian Accidents 
– Slip, Trip & Fall Accidents 
– Dog Bites 
– Cancer Misdiagnosis 
– Nursing Home Negligence 
– Product Liability 
– Railroad Injuries 
– Wrongful Death