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Maryland Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Employment Law for Maryland on
Q: What can I do?

My job has been lying and giving me false dates as to when I am to be paid for my first two weeks of work.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Jul 27, 2017

Consider hiring an attorney. We work on a contingency fee basis so there is no money out of pocket until money is recovered. The law requires the workers compensation insurer to pay you 2/3 of your lost wages for days missed from work. The first 3 days of absence are not paid unless you miss two... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: 1st w/c settlement offer $175000 + $ aside for medical,should I take first offer? And can I take offer n get voc trainin

How much will attorney get?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2017

Q1. A -No. Q2. A- No. Unasked question: A- Yes, you should immediately consult with a seasoned worker's compensation attorney. There is simply no way to value, or explore the nuances of your case in this type of format. Many such attorneys offer free initial meetings.

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Was injured at work

- do I get compensation for a workers' comp for things that I can no longer do b/c of the injury that aren't related to my job, but impact my personal life?

Eric Todd Kirk
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answered on Jul 21, 2017

Absolutely. If a doctor has determined that you have sustained a permanent injury pursuant to AMA guidelines, you are entitled to a monetary award, based on a number of factors, including the degree or percentage of impairment. One of the factors a court would determine in setting your award is the... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long can you be on temporary total disability?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on May 26, 2017

The short answer is there are a lot of factors that play into this. The payments are for a temporary basis so not to last permanently. Depending on the severity of the injury, amount of treatment, what doctors are recomending, and other factors, an injured worker could conceivably be on ttd for... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What if you are not recieving any money they arent paying my dr bills or for my meds... can i sell crocheted items

When you are on workers comp.... and you only charge enough to pay for materials used

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on May 1, 2017

Further information would be needed to accurately answer this question. I would suggest an in office consultation with a workers compensation attorney to better determine your rights. If you have an attorney then he or she should answer this for you.

Maryland workers compensation attorney...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: I crichet can i sell a few of my things if i am on workers com0
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on May 1, 2017

You can sell your items but be sure to have your attorney let the workers compensation adjuster know about the sales. If you are receiving money for these items the adjuster may want to reduce the payments by what you are receiving from sales income you receive.

Certainly discuss this...
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1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Maryland on
Q: What happens if insurance company wont open a claim with a tpd order , ppd order, and penalties filed for 40% with com?

I have an order from the wcc for a temp. Partial dis.+ a perm. Part. Dis. Plus have filed penalties for them not refusing to open a claim. However there is still no action being taken by the company/ thier ins. Company to open a claim at all. What is the next step if they continue to refuse payment... View More

Eric Todd Kirk
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answered on Apr 21, 2017

It does not appear that you are represented by counsel. The the fact that you are at this stage, with the various orders you indicated, but without any worker's compensation benefits to show for it, suggests to me that perhaps it is time to change that plan of action. Many WC lawyers offer... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: I was hurt three months ago at work went to doctor then surgen then he put me out work. Will there be pay wc will cover

I mean the total time 3 months

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Apr 4, 2017

You are entitled to be paid temporary total disability/ lost wages at 2/3 your normal gross wages. Because its been 3 months the defense may challenge the case but hopefully not.

In addition to ttd you may qualify for permanency money, mileage , medical payment, and potentially voc...
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2 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Maryland on
Q: I was mailed a workmans compensation first report of injury or illness form do i fill this out or my job?

I was in juried but 90 days ago after accident job put me un leave. When i schdule doctors appointment.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Apr 3, 2017

Typically the first report of injury is filed by the employer and it starts the statute of limitations period. The injured worker is responsible to file the claim form c30. This should be done with a workers comp attorney so that it can be done properly and not cause issues in the future.... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Person on TTD in MD with 2 full time jobs in MD, are they entitled to pay from both jobs?

Person works as EMS professional and private medical transport full time at both jobs in MD. Person is injured lifting a patient at one job and is not authorized to lift anything heavy which means not allowed to work at either job. Workmen's comp insurance is claiming person can't get... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Mar 30, 2017

Unfortunately Maryland law does state what you have been told. There are however other means of recovering money which can be used to recouperate your losses. Industrial loss may be an argument worth making. Also, public safety employees are entitled to increased benefits at the time of... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Do you file for workers comp at work or with a state office?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Mar 17, 2017

Yes. It is particularly important to file with the workers comp commission. An attorney can help you fill out the claim form if needed. Attorneys do charge a fee unless money is recovered.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Had workers comp. They ended it after the doctor stated lm to return back to work , retured back to doctor months later

And stated that i am at MMI but i need vocational training per doctor do to my injurie being at MMI but not were it should be for me to function at my job and not being able to return to my career, once i start vocational traning will they have to back pay me for the months i did not receive the... View More

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Mar 16, 2017

Once you are MMI you are no longer temporarily disabled so the ttd checks are stopped. Until voc rehab starts there is little if any entitlement to weekly benefits. Depending on your circumstances your attorney may be able to get you paid for the period. If you have no attorney you should... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: If my workers comp was stopped and the get started again do i get back payed . this is do to getting vocational training
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2017

There can be a delay between the cessation of temporary total disability benefits at a point of maximum medical improvement, and the resumption of benefits once approved for vocational rehabilitation. You should consider consulting with an experienced workers compensation attorney to ensure you are... View More

3 Answers | Asked in Workers' Compensation and Car Accidents for Maryland on
Q: My husband was not notified but found out he has been assigned an attorney for his WC case by the carrier.

Should he contact his employer for the attorney's contact information? Why would an attorney be assigned to a Workers Comp case?

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Mar 15, 2017

It sounds like the insurance company has referred their case to their attorney. Most likely the new attorney will evaluate the claim and make their recommendations to the insurance adjuster. The recommendation could be to accept the case and pay for medical and lost wages, or to challenge the... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How can I tell if my employer offers workers compensation benefits?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Feb 24, 2017

They are required to have a wc policy by law. You can search for the insurance provider on the Maryland Workers Compensation commission website.

Good luck!

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Are there circumstances where you can file a workers' comp claim and a personal injury lawsuit when you're injured on

the job?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2017

Yes. Absolutely. The general rules are that you cannot sue your employer and you are limited to collecting workers compensation benefits from your employer. However if you were injured while at work through the negligence of a third party, you can absolutely file a personal injury claim against... View More

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: Is there any way for a freelance worker/contractor to receive workers' comp benefits if injured on the job?
Eric Todd Kirk
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answered on Jan 14, 2017

There has to be an employer-employee relationship in order to entitle one to workers compensation benefits. Sometimes employers characterize their employees as independent contractors, but that might not be the case legally. The legal test is a complex one. You should immediately consult with an... View More

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: CAN MY EMPLOYOR TERMINATE MY EMPLOYEMENT WHEN WORKER COMP. PAYMENTS ARE ORDERED IT IS COURT ORDER
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Dec 18, 2016

Maryland law provides very little job protection when it comes to workers comp cases. Unfortunately many of my clients lose their job after sustaining a work place injury. Its of no fault of their own but employers sometime take advantage of the circumstances and terminate employment. What may... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: I'm dissatisfied with my workers' comp attorney but we're in the middle of my case. Can I still switch to someone else?
Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Dec 16, 2016

You can switch attorneys at anytime. It is always a good idea to try and speak with your current attorney and discuss why you are disatisfied and if he or she can make some changes to meet your needs. If the attorney to client relationship is beyond repair than your new attorney will have to... View More

3 Answers | Asked in Workers' Compensation for Maryland on
Q: What types of injuries and illnesses are covered by workers' comp? Does it vary by profession?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2016

Any accidental injury arising from your employment, or any occupational disease caused by workplace conditions are covered. You should immediately co fault with an experienced workers compensation lawyer to preserve and advance your claim.

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