Author Archives: Site Administrator
What Documents Do I Need to File a Death Claim?
Filing a Claim for Death Benefits As attorneys working in workers’ compensation law, we tirelessly fight to ensure that injured workers receive the benefits they are entitled to, the medical treatment they need, and can hopefully get back to work. Unfortunately, not every claimant we represent is able to get back to work and… Read More »
Part 2 – The FELA Statute of Limitations for Injury Claims
In the first part, we learned that the statute of limitations for an FELA claim is three years. Well, three years from what? When you suffer a traumatic injury at work with the railroad, you have three years from the date of your injury to file a lawsuit against the railroad. What do we… Read More »
The FELA Statute of Limitations Part 1 – What Is a Statute of Limitations?
The Federal Employers’ Liability Act (FELA) contains a three-year statute of limitations. But what is a statute of limitations? It is a law that sets the time limit for filing a lawsuit. If an FELA lawsuit is not filed within the three years (what is sometimes called the “limitations period”), it is likely that… Read More »
Sudden Incapacity – Part 2
In my case, the claim was that the driver had been ill and passed out due to dehydration. I filed a lawsuit for my client and began the discovery process. I retained a medical expert to review the driver’s medical records, which were inconsistent with someone who passed out due to dehydration. When I… Read More »
Sudden Incapacity – Part 1
I recently handled a case where my client was traveling down the road, minding his own business, when suddenly, and without warning, a car traveling in the opposite direction crossed the center line and hit him head-on. The impact was big, and my client suffered significant and permanent injuries. When the police arrived, it… Read More »
What Really Happens in a Maryland Workers’ Compensation Case
Getting injured is no fun at all, and when you get injured on the job, there are often many hurdles to overcome. Founding partner Cliff Sobin wrote a two-volume treatise to help attorneys navigate Workers’ Compensation claims. This treatise is crafted for attorneys to use when representing injured workers, and Cliff wanted to put… Read More »
Child Safety Seats
Car seats for children have been around since at least the 1930s, but they weren’t necessarily designed for safety, they were more for child storage. Over times the seats evolved and relics such as travel cribs for your car fell out of use. In the 1970s, when I was a child, it was not… Read More »
Move it on Over, Slide it on Over
The law regarding a driver’s duty relating to emergency vehicles changed in October of 2018. On the approach of an emergency vehicle with lights a sirens, you are required to pull to the side of the road and let the emergency vehicle pass. Everyone knows that. The change to the law, is what has… Read More »
Death Benefits for the Dependents of Public Safety Members Where the Occupational Disease was the Cause of Death in Labor & Employment §9-503 Cases
I. Determining Dependency a. Who may be dependent and when the determination is made. In general, a dependency determination is established through proof of financial support to the individual seeking the determination. The determination is made both on the date of disablement and the date of death2. If an individual is not dependent on… Read More »
Average Weekly Wage Determinations After Stine v. Montgomery County, MD and Richard Beavers Construction, Inc. v. Wagstaff
In the vast majority of workers’ compensation claims, the issue of Average Weekly Wage is not contested or litigated and, often, the employer/insurer’s counsel does not even submit a wage statement as part of their exhibit packet. In most cases this is not a problem; however, in some situations it can mean the difference… Read More »