Legal Question in Workers Comp in Maryland

Fmla work comp

I was recently informed after being out of work for about three weeks that I am supposed to fill out this paper for a leave extension good for up to thirty days, and that they have a right to terminate me after that time, and rehire due to the fact that I haven't been there for ten or more years. Occupational Medicine doctor said that I can be out of work for up to 12 weeks paid with worker's compensation. The issue is, I am not taking personal leave for reasons other than a work related injury someone help!


Asked on 10/30/07, 4:53 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Fmla work comp

I recommend you try and get a consultation with an attorney in your area who specializes in workers' compensation right away. If you hire an attorney, you won't be obligated to pay fees out of pocket, only as part of any award you receive for disability from the workers' compensation commission or as part of a settlement agreement. It's important to protect your rights in these cases as soon as possible.

Under MD law, the employer does have a right to replace you, for business reasons, if you cannot perform your duties. It cannot do so to retaliate against you for making a workers' comp claim, but that doesn't sound like what is happening here. However, you may well be entitled to vocational rehabilitation if you are unable to resume that job due to your injuries. Also, if your treating doctor, after finishing with the treatment plan, believes you have sustained a permanent injury, he/she may assign a permanent disability rating to you, which could entitle you to further benefits.

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Answered on 10/31/07, 9:51 am


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