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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24869
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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If I collect Maryland workers comp (temporary total disability)

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If I collect Maryland workers comp (temporary total disability) for an injury while i'm off work, can I also pursue an employment discrimination complaint (based on disability) and get back pay for the same period of time? And if I get workers comp money for permanent disability, how does that affect my getting damages from my discrimination case?

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The two issues - worker's compensation and discrimination are totally separate and distinct causes of action.

The worker's compensation claim concerns being injured during the course of employment.

The discrimination claim concerns a recognizable prohibition against discrimination in the workplace.

So one is not based on the the other whatsoever and can be separate causes of action certainly.


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Customer: replied 3 years ago.

 


That was fast, thanks. But - what I'm asking is, if the employer is found to have illegally discriminated against me because of the handicap I had from being injured on the job, and if he's found to owe me back pay because of that, does he get a credit or offset because I got money from workers comp when I was off work due to the injury? In other words, can I collect money twice for the same period of time -- once from workers comp ("temporary total') and then also from my discrimination case ("back pay")?


 


 


 


 

No. Because that would be taken care of through the Worker's Compensation. That if you're not able to work nor the employer able to accomodate your limitations - then you recover through the Worker's Compensation.

In fact, the employer and their insurance carrier in reality wants to put you back to work within your limitations.

That issue is completely covered by the Worker's Compensation Act.


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