Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Workers' Compensation Blog

Maryland Workers' Compensation - Working Two Jobs - Injured On One

Friday, September 16, 2016

By Clifford Sobin, Esq.

 

What do you mean – I can’t collect temporary total or partial disability benefits for being hurt on one job if I continue to work my second job? Unfortunately, that is the law in Maryland. In fact, if you do so, you could be subject to criminal prosecution!

 

Let me explain the problem by using the following example:
 
  1. You have two jobs. The first is a fulltime position in an office from which you earn $900.00 a week. The second is a part time job working at a grocery job from which you make $300.00 a week.
  2. You hurt your knee while doing your grocery job and require surgery resulting in an inability to do the grocery job for six months. As a result you are entitled to temporary total disability benefits equivalent to two thirds of your salary - $200.00 per week – during that six month period.
  3. You are still physically able to do your office job.
In a similar scenario the Court of Appeals and the Court of Special Appeals in two separate cases made clear that if the employee continues to work the office job he or she forfeits the right to receive $200.00 a week while the knee heals. This creates an impossible choice for the injured employee – accept the $200.00 and give up the larger salary, or continue to work the office job and create a windfall for the grocery store where they were injured. Either choice will financially devastate the injured employee and discriminates against productive members of our society without any offsetting definable purpose.

 

The impact on the injured employee of the employer/insurer discovering that the injured worker has double dipped so, to speak, can be devastating. Since most temporary total disability checks contain a warning against cashing them if the injured worker is working, the argument is created that doing so is a knowing violation of the law. The sanctions can range from future reductions reducing other payments owed to repayment, including a high level of interest beyond the date of the Commission Order requiring repayment. The potential framework also exists for the employer/insurer to argue that all right to future compensation is denied and for criminal prosecution (although this author would dispute whether cashing the check without other conduct reaches the level of criminal conduct contemplated in the fraudulent representation statute – no Appellate Court has clearly ruled on the subject so the scope of the statute is still unknown as of November 2010).
 
If you think this is unfair feel free to contact your legislative representative. This is a law that cries out for change!

 

Recent Posts


Tags

Coming and Going rule Veterans Workers Compensation win for 911 dispatcher Injury Report Claims Process Prescription Medication Side Effects Injured School Bus Drivers Attorney Matthew Engler Auto Injury Firefighters and Hearing Loss Attorney Gretchen Rogers Permanent Disability Medical Maryland Lawyer Work Related Injury Vocational Rehabilitation Benefits Attorney Matt Darby Denial Attorney Allyson Bloom Injured Fire Fighters Workers Compensation Fraud Maryland Workers Compensation Commissioners Benefits injured railroad workers workers Compensation Act Medical Travel Expense FMLA Attorney Lauren Pisano Wrongful Death Claim Workers Compensation Benefits for Teachers Maryland Workers Comp Medicare and Workers Compensation Mileage Reimbursement Attorney Cliff Sobin Attorney Ken Berman Injured Courier Worker Maryland Workers Compensation Hearing Workers Compensation and Bankruptcy attorney Natalie Whittingham Workers Compensation for Police Officers Temporary Total Disability Workers Compensation for Firefighters Maryland Fire Fighters Attorney Ari Laric Accident Report Maryland Workers Compensation Procedure Unemployment Benefits DC Workers' Compensation Attorney Nicole Lambdin National Holidays MSEA Personal Injury Vocational Rehabilitation Liabililty Occupational Hazards Firefighters Attorney Julie Mirman Damages Criteria Opioids Teachers Workers’ Comp Attorney Death Benefits Coming and Going rule, D.C. attorney Laws and Regulations Auto Accidents MSPRC Attorney Charles Schultz Police Officers Physical Training Injuries for Firefighters Occupational Diseases Workers Compensation Claim Transportation Reimbursement Maryland Workers' Compensation Claim – Is My Injury Covered? Disability Insurance Incident Report Corrections Officers Railroad Injuries Attorney Alan Gross auto accident attorney Fire Fighters Independent Medical Evaluation

Archive

RSS

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.


"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.


"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."

Martin


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.


"These guys go above and beyond! They always have your best interest in mind."

Mike W.


"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.


"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.


"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.


"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.


"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.


Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000

Subscribe To Our Newsletter


TOP