D.C. Maryland and Virginia medical malpractice, accidents and work injuries questions answered by D.C. injury attorneys.
Here are some of the questions people have when they first contact us about D.C., Maryland and Virginia medical malpractice, serious car accidents or workers compensation.
We try to provide as much information as we can based on our experience as medical malpractice lawyers in D.C., Maryland and Virginia and based on representing many hundreds of people who have been injured in accidents or at work in D.C., Maryland and Virginia.
Here are the basics:
Patients permanently injured by medical malpractice, or the families of patients killed because of medical negligence, when a hospital, HMO or healthcare corporation doesn't follow basic patient safety rules deserve justice - resources to help with the harms and losses due to the injuries or death of their loved one.
Drivers who don't follow the rules of the road, driving recklessly, driving drunk, speeding, and texting should be accountable for the harm they cause when their actions cause a car accident or wreck.
Workers hurt on the job deserve workers compensation benefits for lost wages, medical treatment and permanent injuries. If a worker is killed on the job, his family deserves workers compensation death benefits - to at least help with the financial loss of a loved one.
But since every person is unique, if you have questions or need information about an injury or death in your family, please contact us to talk it through. We'll talk to you, schedule a free initial meeting and give you all the information we can.
- Page 1
What If I Am on Workman's Comp, but I Get Another Work Offer?
Someone getting full workman's comp benefits (usually called temporary total disability or TTD) can't work and get paid for both. Anyone working and concealing it from the insurance company is committing fraud - remember, the system exists to pay legitimate injured workers, not people who claim they can't work when they are working.
If you can work light duty work or in some reduced capacity, you should. You will still get workman's comp benefits but these will be based on partial disability, and the calculation goes like this: If your normal weekly paycheck (weekly wage) was $1,000.00 and your light duty wages are $700, you would get $200 in temporary partial disability benefits ($1000 - $700 = $300 x 2/3 = $200).
Many times, the light duty wages will vary so these benefits have to be adjusted every week. Our staff collects the data, calculates the benefits and follows up with the insurance company to make sure you get all of the benefits you should.
If you were seriously injured at work, especially if you need surgery, you probably need an attorney to help you take care of your family and protect yourself from the insurance company. Give us a call today at 203-393-3320 and we will get your started on your road to success in workman's comp.
The workers comp insurance company isn't paying me. Can I use sick leave or vacation time when I can't work?
I was injured at work but I'm not getting paid. Can I use sick leave or vacation?
Most of the time, yes. If you are out of work due to a work-related injury and workers comp has denied your claim and isn't paying you, you may be forced to use sick leave, FMLA, and/or PTO while you recover.
Sick leave and vacation time are earned benefits and you should be able to use them when workers comp isn't paying you, or the insurance company cut off your benefits or you are waiting for a hearing.
Some employers let you buy back your sick leave and vacation time when you later get a workers comp check.
If your claim was accepted, we recommend saving your sick and vacation time for when you need it and using workers compensation benefits for the time off after an injury on the job.
Want an experienced D.C. workers compensation lawyer to answer all of your questions?
Get the only book that will answer your questions, Protect Your Rights: The Ultimate Guide to D.C. Workers Compensation written by a Board Certified attorney, for free by ordering directly from our website or by calling (202) 393 - 3320.
How long does the workers comp insurance have to accept or deny my D.C. Workers Comp claim? It's been 4 weeks and I haven't heard anything.
After you're hurt on the job in DC and you report your injury to your employer (sometimes that's called "notice") the insurance company is supposed to accept or deny your claim within 14 days. There are a number of reasons why they deny paying workers comp benefits in DC - they may say it didn't happen on the job, or that you had a pre-existing condition, etc.
If they deny your DC workers comp claim, they should send you a Notice of Controversion, listing the reason for the denial. And that should be filed within 14 days.
But in practice, sometimes the insurance company lists "under investigation" as the reason to try to give themselves more time.
If you get a Notice of Controversion, you need to talk to an experienced DC workers comp lawyer immediately. In our practice, we usually file for a Formal Hearing the very same day, because a Notice of Controversion means our client is not getting paid. Many times, we can get that decision reversed as we develop evidence for your case and prepare for the hearing with a judge by convincing the insurance company that you will win in court.
If they haven't filed within the 14 day period and you win the case, you can request a 10% penalty be assessed in addition to your workers comp benefits - and that goes to you, not some government agency.
And remember, the insurance company can deny your case at any time, sometimes after paying your benefits for years. So if you have a serious work injury don't wait - the time is coming when a new adjuster or supervisor will find something they think they can use to stop paying you.
Let us get to work for you before you get that Notice and before your checks that you and your family depend on stop coming.
Still not sure? See what some of our real clients have said about working with us - many of whom came to us early in the process so we could take steps to make sure their benefits continued and they didn't have to worry about it.
I know you represent people who were injured in D.C., Maryland and Virginia. What types of clients and cases do you take?
Getting the best lawyer in D.C., Virginia or Maryland is critical after a serious injury and can make a huge difference in the life of someone with a serious disability (and their family).
Since we accept a limited number of clients, and focus on representing a select group of people, here is what we look for in an ideal client (and an ideal client for us is someone we can do the most good for). We're less concerned with how the injuries happened (whether in an accident, at a hospital or at work), and more concerned with who it happened to - the person and family who were affected.
We look for clients who are motivated to make the most of life after a serious, catastrophic injury that wasn't their fault - getting the most mobility, independence and functioning they possibly can. Or doing everything they can for their family member who can no longer care for himself.
Here are a couple of real life examples:
A young man, paralyzed from the waist down in middle school because of a series of medical mistakes by a D.C. hospital who went on to college and learned how to drive a handicap modified car - increasing his independence and mobility.
A mother and father who wake up every 2 hours every night to turn their daughter, to prevent skin breakdown because she cannot move her body on her own. An expert physician in the case described the girl's skin as "beautiful - like a baby's"
There are many other examples of good, hard working people we represent after an accident - ordinary people who didn't cause the injury, never asked for anything, and now have developed an extraordinary ability to perservere through difficulties - those are our kind of people.
Is My Case Big Enough to Hire a Lawyer?
Lots of people can handle their injury case on their own, without hiring a lawyer if their injuries aren't serious.
But this is a decision that is best made after getting information on what to do if you're hurt because of someone else's carelessness or negligent driving, or after at least consulting with an attorney. Regardless of whether your case involves personal injury, negligence, medical malpractice or workers' compensation in D.C., Maryland or Virginia, we provide free information that can help you make the best decision for you and your family.
Take advantage of our free resources - books, guides and reports. And if you have a question you need answered right away and can't find it on our website, just call. We'll do our best to answer it. And once we discuss the merits of your case with you and we can help you decide whether you need a lawyer. While we would like to help everyone, sometimes that is not a reality. If we cannot help you, we will refer you to someone we know and trust to handle you case.
Are there any videos I could reference on your website about your firm?
Yes. We have a video library that houses many different videos that are helpful for our clients adn others who have been affected by a medical mistake, hurt in a serious car accident or injured on the job.
Our videos tell yousomething about our philosophy, approach to helping you, and who we are, plus we cover many different topics and specific questions on the areas we focus on: medical malpractice, automobile accidents, and workers' compensation.
Follow the link to our Video Library to access these vidoes.
Need more information or want to know if we can help you? just give us a call or send us an email. Both are confidential, no risk, no obligation ways of getting information that can help you right now.