KMA Law OfficeKMA Law Office2024-03-11T10:39:33Zhttps://www.kma-law.com/feed/atom/WordPress/wp-content/uploads/sites/1501517/2020/10/cropped-KMA-Fav-Icon-min-32x32.jpgOn Behalf of KMA Law Officehttps://www.kma-law.com/?p=479162024-03-11T10:39:33Z2024-03-11T10:39:33ZCommon agriculture injuries
The agriculture industry is vital to Maryland's economy, but it comes with its share of risks. Workers in this sector face a variety of hazards that can lead to serious injuries. These are:
Overexertion and musculoskeletal injuries: Repetitive tasks, lifting heavy loads and awkward postures can overexert muscles. Common issues include back injuries, sprains, strains, and tears.
Machinery accidents: Workers can get entangled or struck by the machinery they use. Because many farm machinery is heavy, it’s also not unusual to hear about injury claims for workers pinned down by heavy machinery.
Falls: Workers can fall from heights, such as ladders or haylofts, or on the same level due to uneven terrain or slippery surfaces.
Animal-related injuries: Handling livestock can lead to kicks or bites. Livestock can also injure workers by pinning them against fixed structures.
Exposure to chemicals and pesticides: Many pesticides and chemicals can cause harmful health issues to those who handle them as part of their work. These issues include respiratory problems, skin conditions, and poisoning.
Heat-related illnesses: Working long hours in the heat without proper hydration or breaks can lead to heat exhaustion or heat stroke.
Injuries from tools and equipment: Hand tools, power tools, and other equipment can cause cuts, lacerations, or puncture wounds.
Vehicle accidents: Accidents involving farm vehicles, such as tractors or ATVs, can result in serious injuries.
Noise-induced hearing loss: Prolonged exposure to loud machinery without proper hearing protection can lead to hearing impairment.
Safety measures, protective equipment and proper training can mitigate some of these risks.
Workers’ compensation for agriculture injuries
When injuries occur, workers' compensation is a critical resource. By state law, an employer – even those involved in agriculture – must offer workers’ compensation regardless of the cause of a worker's injury.
Through their claims, Injured workers may receive compensation in the form of payments for medical expenses and rehabilitation costs. Workers’ comp may also cover for a worker’s lost wages, if their injuries prevent them from immediately returning to work.
Navigating a workers' comp claim can be complex. If a claim is denied or an employer disputes an injury's work-relatedness, an experienced attorney can be indispensable. A legal professional with experience in workers' compensation cases can help workers fight for their right to fair treatment and full benefits.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479152024-03-01T09:01:12Z2024-03-01T09:01:12ZAnything that sounds like an apology
In the moments following a collision, the natural human inclination is to express concern and sympathy. It can lead you to say something as simple as “I’m sorry.” However, these two words carry legal consequences in the context of a car accident. In Maryland, as in many states, an apology can be misconstrued as an admission of fault, potentially compromising your position in any subsequent legal proceedings.
Even if you believe you are just being polite, resist the urge to apologize. Instead, focus on checking the safety of everyone involved and exchanging necessary information, such as names, contact details and insurance information. Keep the conversation factual and direct. Avoid any language that could make it seem like you accept blame for the accident.
Anything that sounds like you did not suffer or incur any damages
If police officers or paramedics arrive after the crash, they will probably ask if you are okay. When they do, you should avoid responding with “I’m fine” or “I’m not hurt.” By claiming you did not suffer any injuries at the scene, you may inadvertently weaken a potential personal injury claim if symptoms arise later. Remain neutral about your physical condition and let interested parties know that you will be seeking a medical evaluation to rule out any potential underlying injuries you may have suffered from the collision.
Anything that sounds like an admission of guilt
You might feel compelled to discuss the incident with the other driver. The problem is that discussing fault or admitting guilt can be detrimental to any claims you may need to file. Maryland operates under a contributory negligence system, meaning that if you are even slightly at fault, you may be unable to recover damages.
Remember, your words are as important as the actions you take after an accident. Be mindful of your statements and promptly get medical and legal assistance to protect your right to seek compensation from the responsible party.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479132024-02-20T15:25:21Z2024-02-20T15:25:21ZEligibility for workers’ comp
Under Maryland law, if you’re involved in a vehicular accident while engaged in your work duties or as part of your employment, workers’ compensation will cover your medical expenses and more (loss of income, disability benefits, etc.). This includes accidents occurring during work-related travel, errands, and, in some cases, commutes.
What counts as work-related?
For an employer or insurer to consider a motor vehicle accident a work-related injury, the travel must be a part of your job responsibilities. These include making a delivery, traveling between worksites and transporting other employees. However, commuting to and from work doesn't usually fall under workers' comp. Your employer might make an exception if you're performing a special task for them during your commute.
Filing your claim
If you're involved in a work-related car accident, report the incident to your employer immediately. You must file the claim within two years of the accident. Your employer will only accept an original Maryland Workers’ Compensation Commission claim form. Consider downloading a copy from the agency’s website.
While the state’s workers’ comp system covers work-related motor vehicle accidents, there’s still no guarantee that your employer would approve your claim. Your employer could find several reasons why your claim isn’t eligible, such as the accident occurring not on business hours. If this happens, remember that you can appeal the denial. A legal professional experienced in workers’ comp law may be able to guide you through the complex appeal process.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479122024-02-07T11:34:19Z2024-02-07T11:34:19ZMedical and funeral expenses
Life-threatening accidents often demand complex procedures and advanced equipment. If a loved one was hospitalized before departing, the charges associated with their stay can add up to an exorbitant amount. Additionally, research shows that passing away in a hospital costs seven times more than at home.
Next, holding a funeral service is non-negotiable for most families. It is a way of honoring the deceased, saying goodbye and gathering in support. However, an average service can cost up to several thousand dollars, potentially causing financial strain when unprepared.
Lost income and benefits
If the departed was the family’s breadwinner, the sudden loss of their income can be devastating. This loss includes not just the wages and benefits from employment but also whatever financial aid they were receiving from the government. This situation could leave the family with a large financial gap.
Surviving spouses with children may struggle to uphold the family's standard of living and face concerns about providing necessities.
Health costs
Losing someone dear may not only take an emotional toll on surviving family members but affect their health, too. Plenty of people become sick when they lose a loved one. Some suffer from sleep deprivation, anxiety, weight loss or gain or memory impairment. When these symptoms persist, they can affect a person’s ability to return to work or go on with daily life. Counseling and therapy may become necessary to cope with the loss.
The hidden costs of a sudden death are far-reaching. If your loved one passed away due to someone else’s reckless or negligent actions, you may be able to take legal action and pursue compensation. While no amount of money can replace your loved one, such compensation could help you handle the financial difficulties of this trying period.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479112024-01-30T12:27:43Z2024-01-30T12:27:43ZHow can you retain financial stability during your personal injury case?
If you have enough savings to get you through until such time as your personal injury lawsuit resolves, then that’s your best bet. But if you’re like most people, you don’t have tens of thousands of dollars tucked away for an emergency of this magnitude. So, what other options do you have? Let’s take a look:
Asking your support network: If you’re lucky, you’re surrounded by a strong support network of family and friends. These individuals might be willing to help you out financially, or they could pitch in in other ways to help you reduce your costs. Either way, this is a good first place to turn for help. Even if your loved ones are uncomfortable with giving you money, you can suggest creating a formalized borrowing agreement that gives them a greater sense of security.
Utilizing a hospital lien: Your medical bills are going to quickly come due. If you don’t have the funds to pay them, then you might find yourself in a difficult spot. Fortunately, hospitals deal with car accident victims like you all the time. As such, they know that you might struggle to pay what’s owed. That’s why your medical provider may be open to a hospital lien, whereby they holdoff on collecting the debt that you owe in exchange for a promise that you’ll pay them back once you recover compensation from your personal injury case.
Considering a lawsuit loan: As an option of last resort, you can consider taking out a loan aimed at helping you cover your living expenses until you recover compensation from your personal injury case. Although these loans can be easy to get, they can be expensive given that they usually have high interest rates attached to them. So, be careful before utilizing this option.
Something else you can do to ease your financial pressures post-accident is to create a budget that realistically accounts for any financial resources you have, your savings, and your expenses. At the very least, this will give you a sense of what you need to secure in support to ensure that you’re needs are met.
Focus on building an aggressive personal injury case
As you’re struggling to figure out how to make ends meet after your wreck, you should also devote attention to building your personal injury case. After all, if successful, this claim is going to give you the financial stability that you need and deserve. So, be sure you devote the time and skill needed to build the persuasive case necessary to position yourself for a successful outcome.
]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479102024-01-26T20:37:11Z2024-01-26T20:37:11ZThe dangers of drowsy driving
Drivers can often find themselves struggling while behind the wheel during either a morning commute or an evening commute. Either of these situations could lead to drowsy driving. Unfortunately, fatigued drivers can face:
Impaired vision
Blurred perception
Slowed reaction times
Disruptive microsleeps
Drivers might also have trouble recognizing the signs of fatigue as they differ for everyone. Signs might include:
Trouble focusing and frequent blinking
Difficulty remembering the last few miles driven
Yawning repeatedly or rubbing your eyes
These symptoms are red flags. If you notice them, it's time to take a break.
Strategies for prevention
Whether you are facing a lack of sleep due to personal stress, a reaction to strong medication or long hours at work, drowsy driving can be a common occurrence. This is especially true during the winter months when many employees feel they’re commuting to work in the dark and then coming back home in the dark as well.
For those who commute, consider carpooling or using public transportation when you're short on sleep. This reduces the risk of drowsy driving and helps alleviate congestion on the roads.
Responsibility on the road
A collision caused by a fatigued driver can result in serious injuries such as brain trauma, spinal cord damage, paralysis or amputation. Severe crashes could result in vehicle occupant death. As a professional commuting in Washington, D.C., you know the importance of being alert and responsible behind the wheel. Drowsy driving is a serious concern, but with proper sleep, awareness of the warning signs and proactive planning, it's preventable. Stay safe and ensure that you're always driving with full attention and awareness. Your safety, and the safety of others, is paramount.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479092024-01-29T08:25:08Z2024-01-15T14:16:42ZIncreases control over assets
Maryland’s intestacy laws dictate that if an individual passes on without a will, their assets will be divided among their relatives. Usually, the surviving spouse and children are first in line to inherit a decedent’s remaining assets, followed by their parents and, eventually, distant relatives.
With estate planning, an individual can command better control over their assets. Singles who draft a will or trust can choose to designate beneficiaries of their choice instead of allowing the state to decide. Beneficiaries can range from family members to friends or even a charity. This approach can provide them peace of mind, knowing they have entrusted their legacy to those they deem fit.
Establishes health care proxy
Estate planning is more than just securing financial assets. It is a legal process involving establishing health care decisions in case of incapacity.
When unforeseen events such as accidents or illnesses strike, a person may become unable to communicate their health care preferences. For those accustomed to living independently, the idea of relying on others may be challenging. Nevertheless, designating a health care proxy or agent can help guarantee that essential life decisions align with their personal preferences.
Minimizes estate tax
Married couples often benefit from estate tax exemptions that are not readily available to unmarried individuals when passing on assets. For instance, they can rely on lifetime gift exemptions to minimize estate tax or bequeath assets to a surviving spouse or child tax-free.
On the other hand, when a testator bequeaths assets to a beneficiary they are not directly related to, those inheritances can incur substantial taxes. Establishing a trust or employing other estate planning tools can effectively alleviate estate tax.
Estate planning isn’t exclusive to people with families or wealthy individuals. Instead, it is a practical legal process that can help individuals safeguard their legacy and personal affairs, regardless of marital status.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479082024-01-03T09:00:58Z2024-01-03T09:00:58ZCompensation for occupational hearing loss
Maryland law requires employers (through their insurer) to compensate their employees for hearing loss due to industrial noise. For every decibel that the average hearing loss goes over 25 decibels, the employee receives 1.5% of the compensable hearing loss. They can claim up to 100% compensable hearing loss at 91.7 decibels.
Deafness arising out of employment
However, for an employee to claim compensation for occupational hearing loss, they must be able to prove that the condition arose out of their employment. This can be as simple as proving that the employee’s workplace subjects them to loud sounds. However, employers and their insurers might also want to see how loud the sounds were or how often the noise affected the employee.
Proving occupational deafness might be difficult, especially if the employee has any pre-existing medical conditions (such as old age), which could cause their employer or insurer to think twice about approving the claim. If you suffer work-related hearing loss, consider working with a legal professional. An attorney can help you secure expert testimony and data to support you if your employer turns down your claim.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479062023-12-21T20:05:19Z2023-12-21T20:05:19ZReturning to work can be challenging, especially when grappling with a disability or recovering from an injury. The physical demands and the fear of risking another injury can add to stress levels. This can potentially slow down the recovery process. Maryland provides vocational rehabilitation, or "voc rehab," to support workers facing these challenges. This program aims to equip them with new or improved skills for a smooth transition to a different job.
However, not everyone qualifies for these benefits. Eligibility depends on two main criteria.
For those with severe enough injuries
Maryland workers must understand two factors that affect their eligibility. The first factor is the severity of their work injury or illness. They must have sustained an injury or developed a condition severe enough to keep them from returning to their previous job. In some cases, the injury or illness might be so severe that it prevents them from working at all. The second factor is coverage under Maryland's workers' compensation laws. The worker must be an eligible employee under these laws. Also, their employer must carry workers' compensation insurance. This insurance funds the vocational rehabilitation services.
A severe injury is not the end of earning a livelihood
While participating in voc rehab, it's worth noting that employers usually cover the program's costs. These costs can include:
Vocational testing
Resume and interview services
Job placement
Job training
Continuing payment of wages
That said, the employer's financial responsibility doesn't impact a worker's eligibility for these services. Despite the financial considerations, the focus remains on the individual's needs. Ultimately, voc rehab primarily helps those unable to return to their previous job due to a severe work-related injury or illness. For these individuals, this program can be incredibly helpful. There are many benefits to participating in this program, including gaining new skills and increasing self-confidence. With their newfound skills, they can rejoin the workforce and earn a living again when ready.]]>On Behalf of KMA Law Officehttps://www.kma-law.com/?p=479032024-01-12T14:43:56Z2023-12-11T16:57:45ZAccording to the Maryland Workers’ Compensation Commission, there were 23,586 workers’ compensation claims filed in 2019. Several industries had more than 100 filed claims.
Jobs with the highest number of workers’ compensation claims
The highest number of claims came from the following jobs:
Police officers and security guards
College, school or daycare workers
Municipal township or state employees
Other jobs that had a high number of claims include construction workers, firefighters, hospital workers, hotel and restaurant workers and truck drivers.
Back injuries are among the most common workplace injuries
In terms of injuries, back injuries are the most common workplace injuries in Maryland. Back injuries are often accompanied by injuries to another part. Common body parts that are injured along with the back are the neck, shoulder, knee, leg and head.
The likely reason back injuries are so common is because the back is the body part most susceptible to injury when performing physical or manual labor. However, work-related back injuries can also occur in sedentary jobs, from sitting in an uncomfortable or cramped position for several hours at a time.
Other common types of workplace injuries include head injuries, neck injuries, broken bones, pulled muscles, bruises, cuts, scrapes, slips, trips and falls. Common injuries in non-physical jobs, such as office jobs, include repetitive motion injuries.
No matter what type of injury you suffered, you could receive workers’ compensation benefits if it happened while you were working.
No-fault workers’ compensation
Maryland has a no-fault workers’ compensation system. This means that you can still receive workers’ compensation benefits even if it is determined that you were partially responsible for your injury.
If you decide to file for workers’ compensation benefits, there are various procedures and deadlines. The deadlines can be strict, so it is important to learn them and make sure to get your claim filed in time.
You have 10 days to report the injury to your employer, but it is best to notify them as soon as possible. You should then seek immediate medical treatment.
Depending on your employer’s workers’ compensation policy, you might be required to see a doctor chosen by your employer. Follow all your doctor’s instructions and treatment recommendations. Make sure to tell the doctor that your injury happened while you were at work.
Document your injury expenses
Keep all documentation of your injury and medical expenses. This includes any receipts, tests results, prescriptions or anything else you may need to prove your expenses from your injury.
Sustaining one of these common workplace injuries can disrupt many areas of your life. You need time to heal and recover and workers’ compensation benefits can help you keep your bills paid and take care of your loved ones during this recovery period.]]>