Questions Answered by Andrew M. Rodabaugh

Q: If my employer offers a settlement over a work injury, can I still file a claim for workers' comp if I accept it?

2 Answers | Asked in Workers' Compensation for Maryland on
Answered on Oct 24, 2017

This is likely not a good idea. As Mr. Kirk has indicated settlements must be approved by the Workers Compensation Commission or they are not valid.

I suggest you contact an attorney to discuss further any ramifications this may have on your ability to file a claim.
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Q: My wife slipped and fell at work.

1 Answer | Asked in Personal Injury for Maryland on
Answered on Oct 13, 2017

Your wife should consider filing a work comp claim. Not only file with the correct insurance company but also the work comp commission. Consult a workers comp attorney. She is entitled to lost wage payments. We work on a contingency basis so no fee is paid unless money is recovered. Good Luck to you and your wife!
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Q: What happens during a workers comp claim when the company changes owners?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Oct 9, 2017

The workers comp claim will not change substantially as the workers comp insurer will remain the same and have the same legal obligations. The issue to be concerned with is the employment relationship between your mother and the employer. An employer can take action that will affect your mothers benefits. It is recommended that if your mother has not consulted an attorney, or is not represented she should so that she can take some proper precautions.

We are pleased to communicate...
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Q: How can I make the other insurance company pay, when the driver hit me making a wrong turn and won't respond to calls

2 Answers | Asked in Personal Injury for Maryland on
Answered on Oct 3, 2017

Consult an attorney right away. If the other driver is at fault you are entitled to be paid by their insurance company even if they can not contact the driver. That is their problem.
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Q: What can I do?

1 Answer | Asked in Workers' Compensation and Employment Law for Maryland on
Answered on Jul 27, 2017

Consider hiring an attorney. We work on a contingency fee basis so there is no money out of pocket until money is recovered. The law requires the workers compensation insurer to pay you 2/3 of your lost wages for days missed from work. The first 3 days of absence are not paid unless you miss two weeks total. Good luck!

This is according to Maryland workers compensation law and you should confirm it is a Maryland case and not a Pennsylvania case.

This should be consider...
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Q: Was injured at work

2 Answers | Asked in Workers' Compensation for Maryland on
Answered on Jul 21, 2017

I agree with Mr. Kirk. Compensation is available under Maryland workers comp laws if you have permanent remaining issues. Your question directly indicates that you have remaining and permanent issues. Contact a workers compensation attorney to discuss obtaining a rating with a doctor that is rehearsed in workers comp and is friendly to the injured worker. Not all doctors are able to perform ratings.

Please note that this information provided is for informational and educational...
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Q: How long can you be on temporary total disability?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 26, 2017

The short answer is there are a lot of factors that play into this. The payments are for a temporary basis so not to last permanently. Depending on the severity of the injury, amount of treatment, what doctors are recomending, and other factors, an injured worker could conceivably be on ttd for years. The reality is that most workers comp insurers will not let this happen without a fight.

If you have not obtain legal counsel it may be a good time to consider doing so. Consults are...
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Q: What if you are not recieving any money they arent paying my dr bills or for my meds... can i sell crocheted items

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 1, 2017

Further information would be needed to accurately answer this question. I would suggest an in office consultation with a workers compensation attorney to better determine your rights. If you have an attorney then he or she should answer this for you.

Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice....
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Q: I crichet can i sell a few of my things if i am on workers com0

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 1, 2017

You can sell your items but be sure to have your attorney let the workers compensation adjuster know about the sales. If you are receiving money for these items the adjuster may want to reduce the payments by what you are receiving from sales income you receive.

Certainly discuss this with your attorney. If you do not have an attorney it is best to obtain one. Workers Comp attorneys are paid only if they recover additional money on your behalf. Likely, you are entitled to...
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Q: I was hurt three months ago at work went to doctor then surgen then he put me out work. Will there be pay wc will cover

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Apr 4, 2017

You are entitled to be paid temporary total disability/ lost wages at 2/3 your normal gross wages. Because its been 3 months the defense may challenge the case but hopefully not.

In addition to ttd you may qualify for permanency money, mileage , medical payment, and potentially voc rehab. If you have not hired an attorney consider doing so.

Consultations are free and attorney fees come out of money recovered for you and not directly out of your pocket.

I wish you...
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Q: I was mailed a workmans compensation first report of injury or illness form do i fill this out or my job?

2 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Maryland on
Answered on Apr 3, 2017

Typically the first report of injury is filed by the employer and it starts the statute of limitations period. The injured worker is responsible to file the claim form c30. This should be done with a workers comp attorney so that it can be done properly and not cause issues in the future.

Please note a claim with the insurance company does not protect you legally and a c30 must be filed to prevent loss of rights like compensation, wage loss, voc rehab, and paid medical....
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Q: If my brother was hurt in an accident can I sue on his behalf?

4 Answers | Asked in Personal Injury for Maryland on
Answered on Mar 31, 2017

It is important to know whether your brother does not wish to bring a suit on his own behalf, or if he is physically unable to because of an incapacity. More information would be needed.
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Q: Person on TTD in MD with 2 full time jobs in MD, are they entitled to pay from both jobs?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Mar 30, 2017

Unfortunately Maryland law does state what you have been told. There are however other means of recovering money which can be used to recouperate your losses. Industrial loss may be an argument worth making. Also, public safety employees are entitled to increased benefits at the time of permanency. If you have not lawyered up it may be worth you consideration.

As a workers comp attorney in Maryland I occassionally come across the inequities that you are now experiencing. I wish...
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Q: Do you file for workers comp at work or with a state office?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Mar 17, 2017

Yes. It is particularly important to file with the workers comp commission. An attorney can help you fill out the claim form if needed. Attorneys do charge a fee unless money is recovered.
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Q: Had workers comp. They ended it after the doctor stated lm to return back to work , retured back to doctor months later

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Mar 16, 2017

Once you are MMI you are no longer temporarily disabled so the ttd checks are stopped. Until voc rehab starts there is little if any entitlement to weekly benefits. Depending on your circumstances your attorney may be able to get you paid for the period. If you have no attorney you should consider getting one

Good Luck

This content is provided for informational purposes and is not legal advice.
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Q: My husband was not notified but found out he has been assigned an attorney for his WC case by the carrier.

3 Answers | Asked in Workers' Compensation and Car Accidents for Maryland on
Answered on Mar 15, 2017

It sounds like the insurance company has referred their case to their attorney. Most likely the new attorney will evaluate the claim and make their recommendations to the insurance adjuster. The recommendation could be to accept the case and pay for medical and lost wages, or to challenge the case on any basis.

If the adjuster has an attorney than your husband is most likely going to be at a great disadvantage and not on a level playing field. Claimant's attorneys (attorneys for...
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Q: How can I tell if my employer offers workers compensation benefits?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Feb 24, 2017

They are required to have a wc policy by law. You can search for the insurance provider on the Maryland Workers Compensation commission website.

Good luck!
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Q: If you are hurt in a hit and run accident can you still claim damages?

4 Answers | Asked in Personal Injury for Maryland on
Answered on Feb 10, 2017

Yes you can. These are somewhat complicated cases that eventually require a judgement against the Maryland Unsatisfied Claim and Judgement division of MAIF. It is best to contact an attorney to discuss this process and your case.

Good Luck
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Q: Are there circumstances where you can file a workers' comp claim and a personal injury lawsuit when you're injured on

2 Answers | Asked in Workers' Compensation for Maryland on
Answered on Feb 1, 2017

Absolutely. This is common in cases involving an employee driving a company car and involved in a collision. Other circumstances exist such as trip and fall incidents while working on another business or persons property. Contact a Maryland work injury attorney to discuss further. Good luck!
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Q: Is there any way for a freelance worker/contractor to receive workers' comp benefits if injured on the job?

2 Answers | Asked in Workers' Compensation for Maryland on
Answered on Jan 14, 2017

There is a chance workers comp benefits can be recovered. A conversation with a Maryland Workers compensation attorney is necessary because many factors of the particular case come in to play. Good Luck.
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