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.
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 »
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.
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.
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.
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
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!
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 »
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?
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 »
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 »
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 »
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.
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.
I have text showing supervisor was notified. I assume my supervisor didn’t act as he said my hernia wasn’t covered.
Contact a member of the Md. Assn for Justice who handles workers comp --they give free consults.
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 »
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