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Recent Accident at Work questions

I had a serious accident at work that required immediate

I had a serious accident at work that required immediate surgery which was covered by worker's comp. The orthopedist on call performed a surgery to repair my shattered elbow. Three months later, he determined that the surgery was not successful and performed a second reconstruction. Two months later he stated, "this is over my head, you need a specialist," and referred me to another doctor. By the time I was able to be seen by a specialist who could actually help, my FMLA had expired and I lost my job. The third surgery has been successful but has required another 4 months of rehab. Do I have any grounds for suing the first doctor for not recognizing his limits and making a proper referral in the first place (or second place)?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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My employer has forced me off on disability because of 10lb

My employer has forced me off on disability because of 10lb lifting restriction my doctor set for me due to pregnancy but has made light duty work available to a male co worker who has no ability to use one hand after breaking it in an accident at work. Further more when my supervisor originally learn of my pregnancy moved me from my normal work duties to a new area where the lifting is twice as much and more frequent. Then told me if I can't do my job I can't work here when I asked to be moved back. Told me they do not make accommodations and that I need to get a doctor to wrote me work restrictions. So after making the appointment, getting the restriction of 10 lbs., they told me I would have to go on disability. When told to report to the company nurse the day I return to work with my restrictions, my supervisor was already there laughing in my face telling me "funny seeing you here"....what are my options? Single mother of three and pregnant

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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Is it legal Maryland employer to change an employees

Is it legal for a Maryland employer to change an employees seniority date for benefits for both an medical leave due to an injury that occurs on the job and for a medical injury that occurs out side of the workplace?

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Samuel II

Attorney

Doctoral Degree

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I had an accident at work on May 13th. I have been out of work

I had an accident at work on May 13th. I have been out of work since then. On crutches for a month. Now on one crutch and doing physical therapy.Before the accident, I made about an average of $950 a week. When I got my first worker's comp check, it was for $320...for 2 weeks. That is $160 a week. I cannot live on that and I do not see how this is possible. Any insight??

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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I lost my job on November 7, 2014, and I feel the incident

I lost my job on November 7, 2014, and I feel the incident that led to this was in retaliation against me for filing complaints against my manager, to the companies ethics hotline. On this day the corporate office received a phone call from someone stating they suspected me of using drugs, and also that I had made false accusation against my manager. Based on this call the corporate office felt they needed to send a manager from another location, and immediately take me to a facility to be drug tested. There was no procedure, no documentation to my knowledge: I had never had a verbal warning, write-up, incident/accident at work to make anyone suspect me of using drugs, or being under the influence of anything while at work. I was in shock, and very caught off guard when this manager showed up, and told me I was suspected of using drugs. I didn't understand how this manger could just take me to be drug tested with no evidence to my knowledge supporting the accusation that was made by this caller. I felt cornered and did not want to go anywhere with this person, so I clocked-out and immediately left the location. When I left I called the corporate office to try and get a better understanding of everything that had just taken place, and was told I had to speak the the VP of HR about the incident. This person was not available, and did not get back to me until Wednesday of the following week. In an email conversation I had with the VP of HR they stated that the company felt that they had reasonable suspicion, and that asking me to be drug tested was justified, and by me leaving the location on November 7th, I was refusing to take the drug test, and therefore my employment had been separated.Do you feel I have a case for wrongful termination or retaliation, or anything at all? I filed a charge with the equal employment commission, and they are investigating my charge.Thank you for the insight,Kerstin

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I was in a car accident while working back in Dec the roads

I was in a car accident while working back in Dec the roads were icy and it was sleeting. I was riding in a customers vehicle back down to my parked company vehicle and he slid down the hill and slammed into my parked van. Was on workers comp and seeing a dr. I had a Functional Capacity Test done and it stated I can't lift over 60lbs and I have reduced grip strength in my right hand. Dr didnt give me an IR rating or whatever but said I was at Max medical improvement. The dr suggested that I see a Dr for Chronic pain. Travellers the ones handling the workers comp dropped me and my employer has terminated me due to me not meeting the requirements to continue my job. I must be able to lift a min of 75lbs. The other guys insurance is offering me the max on the other drivers plan 50k but they said Travellers will get reinmbursed for what they have paid close to 20k. I still have pain and no job. If I take the settlement from the 3rd party do I still have a claim against my employer? Do I have a claim against my employer at all. I was also set up on a program while on workers comp since my employer didnt have light duty that I worked for a not for profit organization for x amount of dollars then travellers made up the difference. But I had to drive my personal vehicle and pay for my own gas when I had a company vehicle and gas card before. Also my last pay was with held for tools that my supervisor had picked up or ones that were left on my van. I also had left my personal GPS in my van when they had picked it up back in Feb when they said my van would be locked up and safe. Since I have called that DR about seeing a Pain Management Dr for chronic pain and the reffered me but said I had to use my own insurance. Well I lost my job and have no insurance now.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I am a resident manage at apt complex. I get a free apt to

I am a resident manage at apt complex. I get a free apt to show apartments to potential tenants. I also prepare apts for rent as an independent contractor. I also do other work on apt bldgs. like get the leaves out of the gutters and repair gutters. I hired a man to help with the gutters. He had done previous work on the gutters. I get a 1099 for taxes. I pay all casual labor in cash at the end of each day. I never hire more than 2 laborers in a day.The man hired to work on the gutters had an accident when he said the ladder started to slide on the gutter and fell off the ladder. He sustained cuts and lacerations and had to go to the hospital. He hired Morgan and Morgan to represent him and is planning to sue the apt complex. Owner said that the apts workman comp. will take care of the liability.My question is this: Can I be personally held liable for the accident or be named in the lawsuit because I hired him as an independent 1099 employee. I have no insurance. Or will I be considered an employee of the complex because I am a resident manager who gets paid by getting a free apt to show apts. I do other resident manager jobs as well.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,134 satisfied customers
I had a post accident at work. Knocked a unstable tier of 6

I had a post accident at work. Knocked a unstable tier of 6 load of veneer over with a forklift. I was taken to the hospital for a drug test.(u.a) I was not searched,did not sign the sealed container containing the urine specimen. Signed a sticker that was still attached to the paper. Did not watch the person put the sticker to seal the container on the bottle of the specimen. That was on a Thursday, the following Monday,I was contacted by my employer that my test was not consistent with human urine. I was in shock,and went to talk with my union Rep,and my employer. They gave me an option to have it retested at another lab,at my cost of $150.00. I agreed and payed the fee. But did not get a result answer till a month later. It came back as the same result. I got fired. I also got denied unemployment benefits. Tomorrow, I go meet my union Rep for a grievance procedure. Am I screwed, or is it possible to get my job back?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,134 satisfied customers
i had an accident and after a year and 7 days i tried to go

i had an accident and after a year and 7 days i tried to go back to my job but my boss fired me. i have a union and they did nothing for me. what can i do?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
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