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Maryland Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

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?

Eric Todd Kirk
Eric Todd Kirk 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 »

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

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 »

Eric Todd Kirk
Eric Todd Kirk 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 »

Q: Can I file a suit for personal injury against the Federal government?

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 »

Eric Todd Kirk
Eric Todd Kirk 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.

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1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

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 »

Joseph D. Allen
Joseph D. Allen 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 »

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

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 »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 3, 2020

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.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: My question is someone is claiming to be hurt through workers compensation, how do you report it?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.

Alternatively, an injured employee can reach out to an attorney practicing in this area of law.

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I was injured on the job. Notification to the supervisor was given and supervisor didn’t act until after 30 days.

I have text showing supervisor was notified. I assume my supervisor didn’t act as he said my hernia wasn’t covered.

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Contact a member of the Md. Assn for Justice who handles workers comp --they give free consults.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How can I get the hand written note from the ime doctor in MD?

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 »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 1, 2019

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.

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 »

Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,

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 »

Joseph D. Allen
Joseph D. Allen answered on Feb 20, 2019

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 »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does workers' comp cover me if I'm not going to be able to work at all again?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 14, 2018

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.

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....
Read more »

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... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: If I never signed off on a worker's compensation claim and it is still open, am I still entitled to benefits?

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 »

Eric Todd Kirk
Eric Todd Kirk answered on Aug 21, 2018

The medical portion of your claim remains open. As long as a doctor is stating that your current complaints are related to a 16 year old injury, you are entitled medical only benefits at this point.

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... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jul 26, 2018

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 »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens if my workers' compensation claim is denied? Is there an appeals process?
Eric Todd Kirk
Eric Todd Kirk answered on Jul 5, 2018

Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: When do medical benefits become available to an employee who sustains an on-the-job injury?
Eric Todd Kirk
Eric Todd Kirk answered on May 24, 2018

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 »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens if I want to switch jobs while my workers' comp case hasn't been finalized yet?
Eric Todd Kirk
Eric Todd Kirk answered on Apr 20, 2018

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 »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Should i get paid time off work for a recurrence herniated disk even if claim is over two years old?

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?

Eric Todd Kirk
Eric Todd Kirk answered on Mar 27, 2018

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 »

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.

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