My previous workers comp company is suing me for wages paid to my subcontractors. They are claiming they are considered employees not subcontractors. I have contracts, exclusion forms and invoices for each subcontractor. I have been in dispute with them for over a year. I just received summons... Read more »
answered on Mar 27, 2023
If you haven't already, you should speak with an attorney ASAP.
At best, documents like independent contractor agreements, exclusions forms, and invoices demonstrate an intent to create and maintain an independent contractor relationship. But many other factors can outweigh this... Read more »
My previous workers comp company is suing me for wages paid to my subcontractors. They are claiming they are considered employees not subcontractors. I have contracts, exclusion forms and invoices for each subcontractor. I have been in dispute with them for over a year. I just received summons... Read more »
answered on Mar 15, 2023
You need a very experienced attorney in Maryland.
A typical workers compensation attorney handles claims involving workplace injuries either on behalf of the employer or the injured worker.
You need a different type of lawyer with more sophisticated civil litigation experience... Read more »
The Department of Labor I find it hard to find attorney to handles with them
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answered on Oct 28, 2022
You need a lawyer who handles federal workers' compensation claims. YOu can use the find an attorney service on the site to locate one. Best of luck.
Surgery was 3/9/22
answered on Oct 9, 2022
You will need to notify your Workers Compensation Lawyer and/or the Commission that you are receiving income while collecting benefits. Be advised that failure to report income could have serious consequences.
Surgery was 3/9/22
answered on Oct 7, 2022
If you start working while receiving temporary total disability, then you must notify the workers' compensation carrier immediately and your checks will stop. You are not entitled to temporary total disability if you are working. You should be with an attorney about your workers'... Read more »
Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »
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answered on Jun 22, 2022
Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »
If absent from an injury for less than 14 days, WC will not pay for the first 3 days.
Is it legal or illegal for a company to pay for that first 3 days as a benefit?
answered on Apr 6, 2022
You are correct that the workers' compensation carrier does not pay for the first three days of work unless you miss at least two weeks of work. However, you can use your sick leave or the employer can voluntarily pay you for these days. It is not illegal for them to do so.
I has a hearing coming up that has been canceled because my old employer has withdrawn issues?
answered on Mar 20, 2022
It means that they are no longer contesting the claim or issue that they raised in your case.
Employer didnt find me a project for 5 months. He didnt pay me salary and is asking me to pay for the one month salary paid during the no work period, H1B transfer. He is threatening to collect it from my reference person incase I fail to pay.
answered on Jul 14, 2021
Well, this seems like a questionable action, but you appear to have fallen out of status. This appears to be a less than bona fide employer. There is outstanding salary that you are entitled to, but you will have to file a complaint with the Department of Labor.
Your decision to remain... Read more »
answered on Jun 3, 2021
When an attorney requests an emergency hearing, the Workers' Compensation Commission must first decide whether to grant it. If it is granted, the hearing will usually take place in 30-60 days, but it varies.
answered on Jun 3, 2021
There is not time deadline for the IME doctor to produce his or her findings. Your attorney can request a copy of the report from the insurance company if it has been a while.
Does this count towards substantial gainful employment? I want to invest my money but I don't want it to be counted against me. I am also collecting SSDI and I don't want to lose my benefits.
answered on Jan 31, 2021
No. Investment income is "unearned income" and there is no limit on the amount of unearned income you can generate for yourself. SSDI and workers' compensation benefits are only affected by actual employment/work income. Self-trading your own investments is not considered employment.
I'm looking for information regarding MD Workers Comp cases. I saw my doctor on 08/11 and its now 10/06 and still no report. The hearing is set for 10/30.
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answered on Oct 6, 2020
Everything is supposed to be served on the other side in advance of the hearing date. That often is not the case. In some instances the IME reports are delivered on the date of hearing. in other instances the commissioner 'holds the record open' so that the report can be filed later.
Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks
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answered on Sep 25, 2020
So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is... Read more »
I'm getting conflicting advice from brokers, and have the exception form for officers, but want to make sure I am in the clear. Thank you!
answered on Sep 16, 2020
An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.
The relevant law is Labor & Employment Article §9-206.
While not legal advice, I hope this general information... Read more »
answered on Sep 5, 2020
There could be a Few reasons why your check may have stopped. Best advice I can give is to contact an attorney who who handles Maryland Workers Compensation cases.
Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?
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answered on Jul 31, 2020
If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »
Hello,
I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.
A Worker's compensation case has been... Read more »
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answered on May 31, 2020
You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... Read more »
I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »
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answered on May 16, 2020
You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.
I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »
answered on Mar 28, 2020
The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »
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