Maryland Workers' Compensation Questions & Answers
Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,
1 Answer
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Employment Law, Workers' Compensation, Employment Discrimination and Gov & Administrative Law
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Maryland
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
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.
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.
Q: Does workers' comp cover me if I'm not going to be able to work at all again?
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.
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.
Q: Someone told me they can fire you when you're off on disability for certain reasons - is that true?
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.
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.
Q: Being denied a second opinion from a doctor of my choosing until I see an IME. Is this legal ?
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.
Please note that this is not...
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.
Please note that this is not...
Q: If I never signed off on a worker's compensation claim and it is still open, am I still entitled to benefits?
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.
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?
1 Answer
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in
Civil Rights, Employment Law, Workers' Compensation and Employment Discrimination
for
Maryland
on
Answered on Jul 26, 2018
Answered on Jul 26, 2018
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...
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...
Q: What happens if my workers' compensation claim is denied? Is there an appeals process?
Eric Todd Kirk's answer
Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.
Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.
Q: When do medical benefits become available to an employee who sustains an on-the-job injury?
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.
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.
Q: What happens if I want to switch jobs while my workers' comp case hasn't been finalized yet?
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.
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.
Q: Should i get paid time off work for a recurrence herniated disk even if claim is over two years old?
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.
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.
Q: Is it legal for hospital to turn bills over to collections in MD when claim has been awarded?
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.
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.
Q: If I'm injured in a car accident in my company's parking lot, can I file for workers' comp?
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...
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...
Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to
1 Answer
| Asked
in
Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice
for
Maryland
on
Answered on Mar 13, 2018
Answered on Mar 13, 2018
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.
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.
Q: What is a workers' compensation hearing and what does it entail?
Eric Todd Kirk's answer
It's a trial on the merits. You should be intimately familiar with rules of procedure and evidence, or, hire an experienced attorney.
It's a trial on the merits. You should be intimately familiar with rules of procedure and evidence, or, hire an experienced attorney.
Q: How bad does it look to go through two lawyers and want to get rid of your third one in a workers comp case?
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.
Good luck and I wish you well!
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.
Good luck and I wish you well!
Q: What happens if you resign from your job, before the workers comp case is finished?
Eric Todd Kirk's answer
Your medical benefits would continue. It's likely that any wage loss benefits would terminate if you voluntarily resigned from your position.
Your medical benefits would continue. It's likely that any wage loss benefits would terminate if you voluntarily resigned from your position.
Q: I got hurt at work which caused me to need a bilateral faciotomy on both legs. everything was going fine but then my
Eric Todd Kirk's answer
Your lawyer is in the best position to answer this question for you. Please consult with him or her.
Your lawyer is in the best position to answer this question for you. Please consult with him or her.
Q: Who does FELA apply to? Are these benefits in addition to regular workers' comp or a replacement of them?
Andrew M. Rodabaugh's answer
You should consult a Federal workers compensation attorney. 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.
You should consult a Federal workers compensation attorney. 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.
Q: DoI have to return to work if I am still hurt from workers compensation.Fingers still not bend I am a correctional off
Andrew M. Rodabaugh's answer
Please see my response to your prior post. These matters can be complicated and an in office discussion with a qualified workers compensation attorney is needed.
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.
Please see my response to your prior post. These matters can be complicated and an in office discussion with a qualified workers compensation attorney is needed.
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.
Q: Hi. I am a correctional officer and have been for 13 years. Fell at work and broke two fingers my index,and middle finge
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Maryland
on
Answered on Jan 15, 2018
Answered on Jan 15, 2018
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.
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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