Legal Question in Workers Comp in Maryland

Are employers entitled to deny cliams for injurys obtained at work?

My mother injured her arm at work several months ago.She immediately reported it to her supervisor, was sent to the doctor of her employers choice the following day. She had torn a ligament in her arm but was told to go back to work after 2 weeks. Upon returning to work she began to experience severe swelling and pain in that arm. She then went to her own doctor,who then says she should have never been release from medical leave. Workers comp has since denied her claim. Her employer says because she was just doing her normal job and it was nothing out of the ordinary it's not considered a work related injury.Then they told her she was terminated for not returning to work, canceled her insurance but, told unemployemnt she quit. After calling the HR dept., she found out they still have her name on the payroll. Does her employer have the right to do all this?


Asked on 9/15/01, 6:02 pm

1 Answer from Attorneys
Bruce Dunham Law Offices of Bruce Dunham

Re: Are employers entitled to deny cliams for injurys obtained at work?

Speaking only to the pure workers' compensation aspect of your question, and based on the facts you've set out, it would appear your mother has a solid workers' compensation claim both after the original injury and regarding her problems after her attempted to return to work. The denial of her claim seems unjustified, again, based on the facts you've provided. The fact a worker is doing his or her normal job duties when injured DOES NOT render that injury noncompensable. Hope this helps.

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Answered on 10/27/01, 11:57 am


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