Legal Question in Workers Comp in Maryland
Civial Court Judges basing a decision on assumption
I hurt my neck by falling out of a chair at work. I went to workmans comp court and lost. then i went to civial court where the judge said yes she did fall from her chair at work , but i think she further aggravated it on the weekend.
the judge didn't even ask me what i did on the weekend. i told her that since i hurt my neck on a wednesday, and i didn't report it until monday, was because i thought i had only bursed my neck, but on saturday when i was watching television i tilted my neck back and my left arm went numb.
that's when i called my mother who is a nurse and she told me i should let someone at work know about my fall. i have lost my case and with a dis herniated, i was told by my lawyer to settle. they are only givin me 2600. and i am in constant pain. is there anything i can do about the judge?
1 Answer from Attorneys
Re: Civial Court Judges basing a decision on assumption
If what you say is true and there was no factual basis for the judge's decision, an appeal may lie. However, such a case is quite untenable. Obtain a copy of transcript from the hearing.
If you have suffered a herniated disc while on work time then you have a compensation claim. You are entitled to rights under worker's compensation law. If you accepted a settlement then you will be bound to the terms of the agreement unless you can prove aggravating circumstances. Along with accepting worker's compensation, you gave up the right to collect in a tort claim for any injuries sustained.
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.
