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 »
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 »
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 »
I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... Read more »
You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.
I requested a copy of my medical records including hand written notes from the Ime doctor Pushkin in Md. I was advised that state retirement system instruct the office not to give any applicant their medical records including the doctor hand written note. I was advised that I need to get a... Read more »
You can ask the worker's compensation commission to issue a subpoena for your complete file if they will not produce it voluntarily. If they are contending there is some type of work-product privilege, you'll need to hire counsel to address this.
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 »
Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »
There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate...Read more »
If your doctors say you cannot work because of your injuries, then yes you may be entitled to permanent and total disability benefits. These are difficult cases to prove and you should consult with a lawyer.
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....Read more »
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...Read more »
In 2001 or 2002 I injured my shoulder at a job. I actually had to have two shoulder surgeries as the same shoulder was injured twice at this job. Now I have been having issues with this shoulder sixteen years later. I never received a settlement or signed off on this injury through the insurance... Read more »
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... Read more »
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...Read more »
Immediately. Make sure that you report your accident and corresponding injury to employer. Make sure that you complete any required documents. Request treatment for your injury. If treatment is not provided or delayed by your employer, immediately seek medical treatment on your own and keep your...Read more »
Not sure what you mean by finalized. It's difficult to envisionany negative consequences for someone looking for work, continuing to work, or starting new work during the pendency of a workers compensation case. Certainly there would be no impact on medical benefits. It could potentially be...Read more »
The workers comp claim if it has to due to previous injury i get medical but not paid for time off it has been over two years but i blew out the same disk they fixed last time is that considered a new injury?
It could be considered a a new injury. It could likewise be considered an exacerbation of the prior injury. As with everything in workers compensation it is driven by what the doctor or doctors say. This is a complex case and you should immediately consult with an experienced workers compensation...Read more »
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 »
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.
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 »
3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please... Read more »
You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.