Joseph D. Allen's answer 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 against employees for filing claims, nor can they provide false information about the circumstances of an injury in an attempt to have the claim denied.
Eric Todd Kirk's answer 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.
Andrew M. Rodabaugh's answer 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.
This information is provided for information purposes only and is not legal advice. No attorney client relationship exists until a retainer is signed by both parties.
Andrew M. Rodabaugh's answer 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 not authorized.
If you do not have an attorney now is a good time to consider it. Consultations are free and attorney fees are paid out of money that is recovered for you.
Eric Todd Kirk's answer 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.
Joseph D. Allen's answer 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...
Eric Todd Kirk's answer 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 records and bills.
Eric Todd Kirk's answer 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 argued that leaving employment voluntarily might serve to cut off any future temporary partial or temporary total benefits.
Eric Todd Kirk's answer 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 attorney.
Andrew M. Rodabaugh's answer 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.
Andrew M. Rodabaugh's answer 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 contacting a workers compensation attorney for assistance in filing the claim and arguing for you. In Maryland we are only able to request a fee after money is recovered on your behalf. In addition to...
Eric Todd Kirk's answer 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.
Andrew M. Rodabaugh's answer The real issue is going to be your ability to find a fourth attorney that will get involved for only 1/4 of the potential fee. With each new attorney the fee share gets reduced incrementally.
Andrew M. Rodabaugh's answer You should consult a workers comp attorney in person as there is a lot of information that is needed to properly advise. Depending on the injuries you may be entitled to permanency money, vocational rehabilitation, and more. Good luck!
This information is not legal advice nor does it establish an attorney to client relationship. To retain an attorney an in person interview must be conducted and a retainer agreement must be signed.
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