Legal Question in Workers Comp in Maryland
Can I Sue my Employeer
My employeer is based in AZ. My terminal is in IN I live in MD and was hurt in OH. I drive a truck and I injured my left arm. My company is self insured and they say that I was not on dutie at the time of my injury so they are dening my claim. I went into the resturant to have dinner and was climbing back into their truck when I slipped off the side of the truck. I need to know if I can bring a personal law suite against my company for 1 dening me Immediate medical attention. They made me drive from IN back to MD over 12 hours before I could go to a hospital. What is my legal leg to stand on? Please help me I am desperate.
2 Answers from Attorneys
Re: Can I Sue my Employeer
Your question raises many issues in worker�s compensation and occupational safety and health law. There are many factors to be considered when deciding when a person is on the job or not. It is interesting to note that your employer is playing two sides of the coin -- on one hand, claiming you were not injured on the job, but at the same time ordering you to Maryland to obtain medical attention. Please note you should file a Workers' Compensation claim with the Workers' Compensation Commission of Maryland on the proper form within 60 days of your injury or your rights may be lost. You should contact an attorney soon.
Ms. D'Souza understands this information is distributed to the general public. Please note these statements are offered for informational purposes only; they are not offered as and do not constitute legal advice. Any reviewer of this information should seek professional counsel. Any application of the information provided is dependent upon specific facts and circumstances of individual situations.
Transmission of information is not intended to create, and its receipt does not constitute an attorney-client relationship. If you would like to discuss an issue about workers' compensation law, please contact Ms. D'Souza directly so that an attorney-client relationship may be properly established.
Re: Can I Sue my Employeer
You should promptly file a workman compensation claim. If you accept workman compensation you are precluded from bringing suit. Otherwise you may sue your employer. Sustaining an injury while operating a corporate owner tractor trailer may fall within a peril accepted as part of the employment. Who paid for the medical claim? Contact an attorney.
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