Legal Question in Workers Comp in Maryland

Termination while on WC

Thank u for the reply, I have one other Q. Since I was terminated, I was offered another job, different company, same type of work. Salary is a $22,000 pay cut, Does the Ins carrier have to make up the difference in salary


Asked on 3/26/08, 11:46 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Termination while on WC

No, unless you can establish through medical evidence that there are injury-caused physical restrictions that allow you to work at the new job but would prevent you from performing all the duties of the old job. Under those circumstance, you would be entitled to 1/2 the difference in salaries, subject to statutorily imposed limit, until the restrictions are gone. But if you have reached maximum medical improvement and have been released by your doctor, you can request voc rehab to allow you to acquire the skills to qualify for an equal paying job, or assistance with job placement to that level job. And of course you can pursue your permanent disability award as I explained in my earlier response.

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Answered on 3/26/08, 12:11 pm


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