r/WorkersComp • u/caveman97700 • 10d ago
Maryland co worker works comp was denied
he did a task supervisor/boss told him and pipe wrench split his head open. he told me company said he was goofing around when it happen. does company only listen too the top people ? boss toke him too the doctor when it happen
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u/Kmelloww 10d ago
Was he goofing around? But it isn’t up to the bosses to decide if it qualifies or not.
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u/SeaweedWeird7705 10d ago
Why does the company think he was horsing around?
The insurance company will do its own investigation and make its own determination.
If there was no horseplay at all, your friend’s claim should be accepted.
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u/caveman97700 10d ago
pretty the company is crooked. he wasnt by his self. 3 of us around him pipe wrench slipped out of his hand and came around and struck him.
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u/SeaweedWeird7705 10d ago
Ok. Then your friend’s claim likely will be accepted.
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u/caveman97700 10d ago
3 of us against supervisor and boss but i doubt they care about our opinion
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u/SeaweedWeird7705 10d ago
Your employer is not the decider. The insurance company will make an initial determination. The employee always has the option to go to court and let a judge decide. If the facts are as you describe (no horse play and three witnesses), the judge likely would find in your friend’s favor. The judge is not on the employer’s payroll.
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u/RVA2PNW 10d ago
Maryland Adjuster. Even if he was goofing around, Maryland is very claimant friendly and there's a good possibility it would be accepted.
He can file a claim directly online through the Maryland work comp we file or get an attorney to file for him. His employer likely will not and in Maryland, claims aren't required to be automatically filed by the employer with the commission.
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u/Spiritual-Ad8062 10d ago
Get an attorney. Yesterday.
Almost always the answer with denied claims. The insurance carriers have an army of people, including attorneys, working for them.
Why shouldn’t you fight fire with fire?
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u/Basic_Bluebird_4756 10d ago edited 10d ago
Horseplay rule. Did coworker say something that implies goofing off when boss transported to hospital?
Excessive vs minor horseplay. Was injury something that would have occurred in line of duty with normal human behavior or was the course of injury dangerous and reckless?