Q: Should I take legal action against my boss?

I got in a car accident while at work and I’m 26 weeks pregnant. While doing my run picking clients up I was rear ended pretty hard and my boss didn’t take me being hurt or if my unborn child was okay into consideration. She was more worried about me finishing my run. When I got back to the center because I did have one client on board at the time of the collision I notified the nursing staff that I feel the individual should be seen but they just asked if she was okay. Then instead of me leaving to go straight to the hospital my boss asked me to fill out an incident report which could’ve been done another time. She also asked if I’m working that afternoon as if she didn’t think I need to seek medical attention. I got to the hospital and found out that the accident caused contractions to start and my back and belly became extremely sore. I feel like she was very inconsiderate and insensitive to my unborn child and myself.

1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
Answered
  • Employment Law Lawyer
  • Hunt Valley, MD
  • Licensed in Maryland

A: As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly seems inconsiderate and foolish of your employer to have you fill out the incident report form before getting medical care- but it is not clear whether that would create civil liability outside the workers compensation system. I would suggest speaking with a Maryland workers compensation attorney first- and they could advise you on what actions to take.

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