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Maryland Workers' Compensation Questions & Answers

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 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 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 against... 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 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 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....
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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 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 not authorized.... 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 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 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 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 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 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 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 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.

1 Answer | Asked in Workers' Compensation for Maryland on

Q: If I'm injured in a car accident in my company's parking lot, can I file for workers' comp?

Andrew M. Rodabaugh answered on Mar 16, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on

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

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please contact... Read more »

Eric Todd Kirk answered on Mar 13, 2018

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.

2 Answers | Asked in Workers' Compensation for Maryland on

Q: What is a workers' compensation hearing and what does it entail?

Eric Todd Kirk answered on Feb 22, 2018

It's a trial on the merits. You should be intimately familiar with rules of procedure and evidence, or, hire an experienced attorney.

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1 Answer | Asked in Workers' Compensation for Maryland on

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?

I have tried my best to keep this lawyer but keep seeing things that prove to me that he does not have my best interest at heart.

Andrew M. Rodabaugh answered on Jan 31, 2018

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!

2 Answers | Asked in Workers' Compensation for Maryland on

Q: What happens if you resign from your job, before the workers comp case is finished?

I fell at my full time job and have been disabled for 2 months now. I have another job off, part-time, not full-time, but it is in the same field with less stress and less physical strain. I would like to resign, but am not sure if my doctor and physical therapy will continue. I don't necessarily... Read more »

Eric Todd Kirk answered on Jan 27, 2018

Your medical benefits would continue. It's likely that any wage loss benefits would terminate if you voluntarily resigned from your position.

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1 Answer | Asked in Workers' Compensation for Maryland on

Q: I got hurt at work which caused me to need a bilateral faciotomy on both legs. everything was going fine but then my

wife had to deploy for a couple months and I cant drive so I had to go back home where our family is at (Michigan). I had a primary care doctor in Michigan. I was hurt in Maryland. However my primary care doctor dropped me as a patient due to insurance not being accepted (accident fund). when my... Read more »

Eric Todd Kirk answered on Jan 16, 2018

Your lawyer is in the best position to answer this question for you. Please consult with him or her.

1 Answer | Asked in Workers' Compensation for Maryland on

Q: Who does FELA apply to? Are these benefits in addition to regular workers' comp or a replacement of them?

Andrew M. Rodabaugh answered on Jan 15, 2018

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.

1 Answer | Asked in Workers' Compensation for Maryland on

Q: DoI have to return to work if I am still hurt from workers compensation.Fingers still not bend I am a correctional off

Have been out work since May 27'2017 and doctor told he has done all he can do get a second opinion. What do I do want me to return to work on Jan 15 2018 what do I do.

Andrew M. Rodabaugh answered on Jan 15, 2018

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...
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