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Maryland Workers' Compensation Questions & Answers
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... View More

Eric Todd Kirk
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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
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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... View More

Eric Todd Kirk
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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... View More

Eric Todd Kirk
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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... View 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.... View 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.
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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... View 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
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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
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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... View More

Ronald V. Miller Jr.
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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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2 Answers | Asked in Workers' Compensation for Maryland on
Q: If my employer offers a settlement over a work injury, can I still file a claim for workers' comp if I accept it?
Eric Todd Kirk
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answered on Oct 24, 2017

It would certainly come up. It may bar some benefits. All worker's compensation settlements must ultimately be approved by the WCC. I would advise you to 1] not "settle" with your employer 2] promptly file a claim with the WCC 2] consult with an experienced WCC attorney, many of who... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens during a workers comp claim when the company changes owners?

My mother was injured at her work place in Maryland. Currently still seeing doctor and has a claim for wc. However, the new owner keeps making comments about her restrictions ordered from the doctor. New owner says that it is not her concern more or less and it's the old owners problem. But my... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Oct 9, 2017

The workers comp claim will not change substantially as the workers comp insurer will remain the same and have the same legal obligations. The issue to be concerned with is the employment relationship between your mother and the employer. An employer can take action that will affect your mothers... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Please help me is there anyone that cares ?

I'm banging my head on the wall. My original lawyer that handled my case threw rating and settlement could no longer handle my case. I signed with a new lawyer a few years back never really needed him till lately when wc insurer is stirring over my medical treatment I got lifetime and they... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

Clients have the absolute right to retain counsel of their choosing.

Sometimes a good lawyer will not be able to respond to contact right away but if repeated attempts to contact or discuss a case are not met with success a client might seek new counsel they are more comfortable with....
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1 Answer | Asked in Business Law and Workers' Compensation for Maryland on
Q: We own a small business (LLC - 4 partners)IS it correct that WE are required to have WC for ourselves?Thanks!
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

A business owner in Maryland generally has the option of either purchasing Workers Comp for themselves or waiving it. Naturally the business must provide workers comp for all its employees. Typically the LLC members are not true "employees." Any workers compensation carrier should... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Can I received lost wages while in therapy
Eric Todd Kirk
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answered on Sep 26, 2017

Absolutely. If you doctor has placed you on an off-work status, or placed restrictions on your ability to work that make it impossible for you to do your job, or work your normal hours. If your question is can you get lost wages for the time you miss from work and spend going to therapy... View More

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