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Maryland Workers' Compensation Questions & Answers
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
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
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
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
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
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... Read more »

Eric Todd Kirk
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
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
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... Read more »

Eric Todd Kirk
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
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
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
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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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
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

Was told after three months that I could know longer work a light duty post anymore. I have to able to perform my original job as a officer. I have been out work since May 27,2016 until now. My doctor told me to return on Jan 15' 2018 but my finger are still not able to bend properly. Told me... Read more »

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

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...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: My lawyer told me that my job is trying to fight my workers comp case, what does this mean excalty?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

Consult your 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 Employment Law and Workers' Compensation for Maryland on
Q: Is there anything I can do about not getting any training from work if got injured and had to have surgery
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Jan 15, 2018

Yes. Under workers compensation laws of Maryland you very likely would qualify for vocational rehabilitation. If it has not been offered to you an attorney can help get this approved. You would receive payments from workers comp while looking for a job with the assistance of a voc counselor.... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I am self employed I have submitted all documents to my lawyer, how soon can I received lost wages must I wait settlemen
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Dec 12, 2017

Lost wages for self-employed people is always a challenge. Whether the insurance company gives you credit for your lost wages will depend on a lot of factors. But we file suit more frequently in cases with self-employed lost wages because insurance companies often do not treat self-employed wages... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What does issues withdrawal mean in a workman's compensation case? On wwc online for Hearing results
Eric Todd Kirk
Eric Todd Kirk answered on Nov 29, 2017

It means the filing party has asked the WCC to not decide the requests it previously made. Typically, those requests cannot be again filed for a period of 90 days.

2 Answers | Asked in Workers' Compensation for Maryland on
Q: I was injured at my full-time job. How do I know whether I'm covered by workers' comp?
Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Nov 27, 2017

There are a number of facts that will determine if you are covered. A discussion with a workers comp attorney is your first step. Consultations are free.

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Can workmens comp stop paying me because there Dr said i reached MMI after recieving my MRI?

I went to court a month before and was awarded back pay and continuing. I'm so confused.

Eric Todd Kirk
Eric Todd Kirk answered on Nov 21, 2017

Yes, they can. If your doctor has a different opinion, you can ask the commission to resolve the conflict. It sounds like you should consult with an experienced workers' compensation lawyer.

3 Answers | Asked in Car Accidents and Workers' Compensation for Maryland on
Q: I was involved im a car accident over the weekend

I was involved im a car accident over the weekend and I had to take off 1 day because I was in the emergency room. I am scheduled to work 4 days after the accident. I am a cashier at a grocery store so I’m doing about 5 hours of standing. I am currently in pain due to the accident I have lower... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Nov 15, 2017

Listen to your doctors and listen to your body. The way to maximize the value of your personal injury case is to pretend like you do not have a personal injury case.

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