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Maryland Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: What option do I have? I’ve been told by my supervisor I will not be compensated for my time off while healing elbow?

Hello, I am a Amazon delivery driver & on 8/4/23 I was bitten in the elbow & fingers by a customers dog. She requested for packages to be delivered to the rear door of her home. I pulled into her drive way, she & i made eye contact & smiled at each other and she and 1 dog went into... View More

Mark Oakley
Mark Oakley
answered on Aug 6, 2023

You have both a workers’ comp claim and a claim against the homeowner. Hire a lawyer. If you miss time from work due to injury on the job, and assuming you are a covered employee, then you will receive Temporary Total benefits. In the meantime you pursue the homeowner claim against the homeowner... View More

2 Answers | Asked in Workers' Compensation for Maryland on
Q: What documentation is needed to dispute an audit against workers comp insurance company?

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... View More

N'kia (NLN)
N'kia (NLN)
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...
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2 Answers | Asked in Workers' Compensation for Maryland on
Q: What documentation is needed to dispute an audit against workers comp insurance company?

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... View More

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I'm a federal employee who was hurt on a federal job during work hours are there any attorneys that deals with the Depar

The Department of Labor I find it hard to find attorney to handles with them

Eric Todd Kirk
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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.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: Good afternoon or good mornin I need some assistance I need a lawyer to talk to you about a very serious matter please a

It is about incident happen last year April I got the footage of the incident so I think this incident is a very serious matter I do not want to go viral with it I need a lawyer to talk to before I do what I have to do thank you

John Mesirow
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John Mesirow
answered on Feb 8, 2024

If you want some direction, you will need to provide more information. Most importantly, what type of incident was it?

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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: About final checks

I was fired from my work (local restaurant). And to be paid we are handed in person paychecks. I still don't have my final paycheck because I am scared of talking to my former bosses. It has been around 4 months now since my termination and i was wondering, how long are they required to hold... View More

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You should e-mail your former employer and request that they mail you your check. Give them your current address.

3 Answers | Asked in Workers' Compensation for Maryland on
Q: Can I drive for UberEATS while collecting workers comp for a dog bite to the wrist? Injury sustained on 6/28/21

Surgery was 3/9/22

Scott Scherr
Scott Scherr
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'... View More

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

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... View More

Eric Todd Kirk
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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... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Section 9-620 - Waiting period for compensation. Is it legal for a company to pay an employee for the first 3 days?

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?

Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What does it mean when the employer has withdrawn issues?

I has a hearing coming up that has been canceled because my old employer has withdrawn issues?

Scott Scherr
Scott Scherr
answered on Mar 20, 2022

It means that they are no longer contesting the claim or issue that they raised in your case.

1 Answer | Asked in Employment Law, Immigration Law and Workers' Compensation for Maryland on
Q: employer asking me to pay him money for my H1B visa transfer

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.

Kevin L Dixler
Kevin L Dixler
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...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long before an emergency hearing will be held in Maryland for work comp after filing
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long does a doctor have to produce IME findings in Maryland
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Workers' Compensation and Social Security for Maryland on
Q: Can you invest in stocks while collecting workers compensation and SSDI? I know they send a 1099 at the end of the year.

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.

Mark Oakley
Mark Oakley
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.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does an employer's IME doctor have to submit their report by a certain time or is it anytime up until the hearing date?

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.

Eric Todd Kirk
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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.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

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

Eric Todd Kirk
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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... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Hello! I am the only owner employee of a corporation operating in Maryland. Is workers' compensation required for me?

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!

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Workers' Compensation for Maryland on
Q: I’ve received workman’s over a year in MD but now haven’t had a weekly payment in over 3 weeks. Is that legal?
Mark A. Buterbaugh
Mark A. Buterbaugh
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.

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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
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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... View 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... View More

Eric Todd Kirk
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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... View More

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