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Questions Answered by Andrew M. Rodabaugh
1 Answer | Asked in Workers' Compensation for Maryland on
Q: Can they take all my sick and then vacation time for appts
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Apr 26, 2019

To answer your question, they can because they did. The solution is seeking out representation by a qualified attorney who will argue on your behalf. Because they used time that you earned you are entitled to seek payments from the workers compensation insurer. While you may not recover a... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Someone told me they can fire you when you're off on disability for certain reasons - is that true?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Aug 28, 2018

It does unfortunately happen in some circumstances. Depending on the particular facts of the case a job position may be secure for a period of time. The employer may also be required to offer an accommodation if one is available.

The particular case should be discussed with an attorney....
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Being denied a second opinion from a doctor of my choosing until I see an IME. Is this legal ?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Aug 28, 2018

This occurs all the time in workers comp cases. Whether or not it is "legal" is a complicated question. If you have an attorney make sure they have filed "issues" with the Commission so that a hearing is set up. It is very likely that even after the IME the second opinion is not authorized.... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Is it legal for hospital to turn bills over to collections in MD when claim has been awarded?

Correctional officer on cert trip, injured by inmate, seen at hospital local to that institution, 100 miles from home. Claim filed. Multiple threatening letters received and today’s says the bill goes to collections on Wednesday. Injury was the week of Thanksgiving. Wages have not been paid... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Mar 20, 2018

Reach out to your attorney to discuss this issue. Occasionally the letters will stop and the collections action will stop with a quick phone call. The bill should be paid by the workers comp insurance company and if they are not willing to pay a hearing should be requested.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: If I'm injured in a car accident in my company's parking lot, can I file for workers' comp?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Mar 16, 2018

You can certainly file a claim. In my opinion the case is, what is referred to as "compensable." It is somewhat likely that workers comp will challenge the claim because you were not inside the building, however there is specific case law that indicates you have a valid claim. Consider... Read more »

2 Answers | Asked in Workers' Compensation for Maryland on
Q: What is a workers' compensation hearing and what does it entail?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Feb 22, 2018

A workers comp hearing is similar to a court proceeding however it is at the administrative level before the Workers Compensation Commission (essentially the Judges). If you do not have an attorney one will likely be needed. If you do then you should have a discussion about this with your... Read more »

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How bad does it look to go through two lawyers and want to get rid of your third one in a workers comp case?

I have tried my best to keep this lawyer but keep seeing things that prove to me that he does not have my best interest at heart.

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 31, 2018

The real issue is going to be your ability to find a fourth attorney that will get involved for only 1/4 of the potential fee. With each new attorney the fee share gets reduced incrementally.

Good luck and I wish you well!

2 Answers | Asked in Workers' Compensation for Maryland on
Q: What happens if you resign from your job, before the workers comp case is finished?

I fell at my full time job and have been disabled for 2 months now. I have another job off, part-time, not full-time, but it is in the same field with less stress and less physical strain. I would like to resign, but am not sure if my doctor and physical therapy will continue. I don't necessarily... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 29, 2018

If you have an attorney contact them. Ordinarily your medical benefits will not be affected by finding new employment. The 2/3 check will likely stop. Also, resigning may affect your ability to seek vocational rehabilitation in the future under your case. If you are not able to lift over 30 lbs... Read more »

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Who does FELA apply to? Are these benefits in addition to regular workers' comp or a replacement of them?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

You should consult a Federal workers compensation attorney. Good luck!

This information is not legal advice nor does it establish an attorney to client relationship. To retain an attorney an in person interview must be conducted and a retainer agreement must be signed.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: DoI have to return to work if I am still hurt from workers compensation.Fingers still not bend I am a correctional off

Have been out work since May 27'2017 and doctor told he has done all he can do get a second opinion. What do I do want me to return to work on Jan 15 2018 what do I do.

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

Please see my response to your prior post. These matters can be complicated and an in office discussion with a qualified workers compensation attorney is needed.

This information is not legal advice nor does it establish an attorney to client relationship. To retain an attorney an in...
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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Hi. I am a correctional officer and have been for 13 years. Fell at work and broke two fingers my index,and middle finge

Was told after three months that I could know longer work a light duty post anymore. I have to able to perform my original job as a officer. I have been out work since May 27,2016 until now. My doctor told me to return on Jan 15' 2018 but my finger are still not able to bend properly. Told me he... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

You should consult a workers comp attorney in person as there is a lot of information that is needed to properly advise. Depending on the injuries you may be entitled to permanency money, vocational rehabilitation, and more. Good luck!

This information is not legal advice nor does it...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: My lawyer told me that my job is trying to fight my workers comp case, what does this mean excalty?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

Consult your attorney! Good luck!

This information is not legal advice nor does it establish an attorney to client relationship. To retain an attorney an in person interview must be conducted and a retainer agreement must be signed.

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Is there anything I can do about not getting any training from work if got injured and had to have surgery
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

Yes. Under workers compensation laws of Maryland you very likely would qualify for vocational rehabilitation. If it has not been offered to you an attorney can help get this approved. You would receive payments from workers comp while looking for a job with the assistance of a voc counselor.... Read more »

2 Answers | Asked in Workers' Compensation for Maryland on
Q: I was injured at my full-time job. How do I know whether I'm covered by workers' comp?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Nov 27, 2017

There are a number of facts that will determine if you are covered. A discussion with a workers comp attorney is your first step. Consultations are free.

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: If my employer offers a settlement over a work injury, can I still file a claim for workers' comp if I accept it?
Andrew M. Rodabaugh
Andrew M. Rodabaugh 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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1 Answer | Asked in Personal Injury for Maryland on
Q: My wife slipped and fell at work.

My wife was at work and her boss asked if she would pick up an order from the cafe which is located in the building. Entering the cafe she slipped and fell. This happended on a Friday. She went to the doctor and he said this would come under workers comp and told her she could return to work on... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh 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... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens during a workers comp claim when the company changes owners?

My mother was injured at her work place in Maryland. Currently still seeing doctor and has a claim for wc. However, the new owner keeps making comments about her restrictions ordered from the doctor. New owner says that it is not her concern more or less and it's the old owners problem. But my... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh 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... Read more »

2 Answers | Asked in Personal Injury for Maryland on
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

I was on a car accident the lady made to wide of a turn other driver was making a left turn into a two lane road. Made it too wide and hit my car (I was on the right lane). Now her insurance company says they won't pay because they can't contact their customer. That I must have my insurance pay.... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh 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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1 Answer | Asked in Workers' Compensation and Employment Law for Maryland on
Q: What can I do?

My job has been lying and giving me false dates as to when I am to be paid for my first two weeks of work.

Andrew M. Rodabaugh
Andrew M. Rodabaugh 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... Read more »

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Was injured at work

- do I get compensation for a workers' comp for things that I can no longer do b/c of the injury that aren't related to my job, but impact my personal life?

Andrew M. Rodabaugh
Andrew M. Rodabaugh 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... Read more »

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