Swanton, MD asked in Employment Discrimination for Maryland

Q: As a state employee I was injured on the job when my supervisor assigned me a lifting task that significantly exceeded

OSHA lifting guidelines. I was already currently in treatment for a work back injury when I was assigned the new task. My supervisor and personnel officer had already warned me that if I refused any assignments I would be disciplined. I was sent to the State Medical Director for a workability eval. My supervisor wrote a “task analysis” and submitted it without my knowledge or consent which violates state policy. The TA states duties that exceed OSHA guidelines. My employer has refused repeated requests by me for copies of my personnel and medical records including the T/A. As a result of the WC compensable injury I was terminated due to medical weight lifting restrictions. I am totally disabled due to the injury and receive SSD. I would like to apply for State Accident Disability but employer continues to refuse to allow me to review and copy my personnel records. How can I obtain copies of my employment records so I can make my case for State Accident disability?

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

A: If you have a workers comp attorney, they should be able to help you with that. If you don't, you should get one. Generally speaking, you do have a right to see what is in your personnel file.

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