Friday, June 19, 2009

Workers' Compensation - benefits for preexisting disabilities

I just returned from a hearing with the Maryland Workers' Compensation Commission, and I want to share something that many attorneys overlook when preparing for the final hearing on permanent injury compensation. Many of those who I represent have preexisting disabilities. Most attorneys who represent disabled workers know that in serious injury cases the WCC will award benefits for preexisting disabilities, including disabilities that are aggravated by the injury and those that are not. But some of these disabilities are overlooked.

The case I had today is a good example. My client had a bad back injury that resulted in her losing her job and suffering a significant physical impairment of her daily activities. In addition she had an obvious difficulty in understanding basic information. I hired a consultant to test her and we found a learning disability. This will likely result in a doubling of the value of the benefits she will receive. Similar cases to this include those where injured workers have worn glasses, had high blood pressure and diabetes.

The answer to these cases really comes down to preparation, careful, thorough preparation. And the results show the fruits of that work.

1 comment:

  1. Many people suffer personal injuries caused by accidents due to the negligence of a third party. Every year, over three million people suffer physical or psychological injuries due to accidents. Accident hits you hard not only physically but also financially. If the accident is caused by fault of another person or party, it is your right to make a personal injury compensation claim. Personal Injury Compensation claims are made to recover compensation for your injuries and expenses incurred in treatment of your injury and loss of earnings.

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