Legal Question in Workers Comp in Maryland
Back injury on the job
I have a friend who is working and due to his work he has terrible back pain. He hasn't gone to the doctor yet, because the insurance his job has have very few places for him to go, leaving him with only the option of going to the emergency room. He asked his boss if he could do easier labor because of the pain, but his boss said no that he needed him to do the deliveries. What should my friend do? Is it illegal to make someone work when they are in pain? He doesn't know what to do because he has to work, but he only makes about $1100 a month, in which the majority goes towards his bills. He is miserable and always in pain, not to mention he's going through an emotional crisis right now. What should he do?
Thank you so much, I appreciate it.
1 Answer from Attorneys
Re: Back injury on the job
Your friend's injury would be covered under worker's compensation only if he incurred it due to some accident or unforeseen event that occurred while doing his job. For example, if he had to lift an unusually heavy item and strained his back in the process. Under worker's comp, he can see any doctor he wants at the expense of the worker's comp carrier. However, as a first step he should file a compensation claim and see if the comp carrier will accept it. If not, he can ask for a hearing before the worker's compensation commission. If the claim is accepted, and the doctor takes him off work, he'll be entitled to disability benefits.
The employer is not required to find a job for him which is compatible with his back pain, nor is the employer prevented from replacing him if he's unable to do the job. However, most larger employers will hold a job for an employee who incurs an on the job injury and is out for a while on worker's comp.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
