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Can a Glen Burnie Workers’ Compensation Lawyer Assist Victims with Damage Recovery?


— August 5, 2022

Legal actions frequently stem from direct violations of the workers’ compensation laws that are set up to protect both the employer and the employee from succumbing to financial ruin.


Employment law dealing with the complexities of a worker’s compensation claim should be undertaken by experienced attorneys who will utilize various federal laws regarding breaches in Occupational Safety and Health Administration (OSHA) requirements over safety issues, even when an injury occurs at a private business entity that necessitates an employee claim at the state level in accordance with Maryland state statutes.  Alternately, The U.S. Department of Labor Office of Workers’ Compensation (OWCP) administers disability compensation programs for federal employees and their dependents regarding medical treatment, wage replacement, vocational rehabilitation, and other benefits.  

Monitoring compensation costs

Rapid advancement in treating catastrophic injury, significantly increasing a person’s function and life expectancy provides a confusing landscape to measure the number of cases filed in terms of cost, against a higher dollar amount per injury individual claims, increasing the average total costs of all reported claims.  

Legal action

Legal actions frequently stem from direct violations of the workers’ compensation laws that are set up to protect both the employer and the employee from succumbing to financial ruin.  State labor laws must either comply with federal, or national labor laws, or exceed them to be legal.  Employers can be fined and penalized with shutdowns if they do not purchase workers’ compensation insurance, but there are occasions where they will take the risk of not purchasing the coverage in compliance with rules based on business type and number of employees. This lack of insurance can be a problem for employees who have no other means of recouping fiscal losses caused from a work injury and may need the assistance of a Glen Burnie lawyer at Murnane & O’Neill Law Firm. 

Safe working environment

Image of the OSHA logo
OSHA; Image Courtesy of OSEA, https://www.osea.com/

The Occupational Safety and Health Act (OSHA) was created to ensure workplace safety for employees. If an employer does not take the appropriate measures to make the workplace safe, they can face OSHA sanctions and fines, along with formal complaints and lawsuits from employees. Workplace safety issues may include poor lighting, variances in temperature unacceptable for work, poor ventilation, toxic exposure to chemicals and other foreign substances, cluttered office spaces, poor ergonomic design of individual workspaces and workplace violence.  Employers are responsible for educating employees about all relevant potential hazards on the job and for providing appropriate training to avoid OSHA labor law violations.  OSHA’s mission ensures employees have rights to work in safe and healthy environments through the setting and enforcing standards and providing training, education, outreach, and assistance to employers.  Employers must comply with all applicable OSHA standards, the general duty clause, and the OSH Act.

Damages

Damages are awarded to remedy intangible injuries, such as emotional anguish, loss of enjoyment of life, inconvenience, pain and suffering, injury to professional community standing, injury to reputation, injury to credit and loss of health. Economic damages are easier to quantify and include potential moving expenses, job search expenses, medical expenses, behavioral health expenses, and out-of-pocket expenses related to the negative employer practices.  

Hire an attorney

Employees who are injured on the job want to be careful not to settle workers’ compensation claims too quickly, because settlement amounts are final and cannot be changed later if it is discovered that an injury was more serious resulting in long term medical treatment and expense, further impacting performance of job-related duties or securing alternate work opportunities. Glen Burnie workers’ compensation attorneys assist victims to file insurance claims and provide guidance on necessary physical examinations,  time limitations to file legal action, and communication with insurance companies regarding necessary fiscal recovery to an injured employee.

Sources:

  1. https://www.dol.gov/agencies/owcp
  2. https://www.osha.gov/SLTC/workplaceviolence/
  3. https://www.osha.gov/workers/file_complaint.html
  4. https://www.irmi.com/articles/expert-commentary/understanding-the-big-picture-in-workers-compensation-costs

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